Under the NHS, every person residing and visiting the UK is entitled to medical treatment should they need it, and NHS staff have a duty to fulfil certain obligations to every patient they treat. How do those rights differ in the event of an emergency? What events would be classed as an emergency?
This guide will explain what duty of care you should expect from NHS staff in the event of an emergency, and how medical negligence solicitors could help you if this standard of care has not been met.
What is classed as a medical emergency?
A medical emergency is any situation that requires immediate medical attention to prevent serious harm or loss of life. This can include severe chest pain, difficulty breathing, sudden loss of consciousness, major trauma or symptoms of a stroke. If a condition poses a direct threat to your health and requires urgent intervention, it is likely to be classed as a medical emergency.
What are my rights if I have a medical emergency?
Under the NHS, every UK resident and visitor to the UK has the right to access emergency medical care when needed. This includes being treated promptly, receiving appropriate care based on medical need, and being informed about their condition and treatment options wherever possible.
Access to emergency treatment
If you are experiencing a medical emergency, NHS staff are required to assess and provide treatment based on clinical urgency. Emergency departments operate on a priority basis, meaning the most serious cases are treated first. Even if you are not a UK citizen, you can still access emergency treatment in an NHS hospital, although there may be costs involved for non-residents.
Right to be informed
Where possible, medical staff should explain the nature of your condition, the proposed treatment, and any potential risks or alternatives. In an emergency, this may not always be possible before treatment is given, but healthcare professionals still have a duty to inform you as soon as it is feasible.
Consent to treatment
Under normal, non-emergency circumstances, consent is normally given verbally, in writing or sometimes non-verbally if the patient understands what the treatment is.
However, in the event of a medical emergency, a patient may be incapacitated and incapable of giving consent so medical staff would be required to provide life-saving care in the patient’s best interests.
What action can I take if my rights weren’t met during a medical emergency?
Patients who have experienced negligent medical emergency care have the right to raise a complaint with the NHS, allowing the issue to be reviewed and further action to be taken where necessary. In addition to making a complaint, those affected can seek legal advice from medical negligence solicitors, who can assess their case and pursue a claim on their behalf.
What will a medical negligence claim compensation cover?
A successful medical negligence claim can provide compensation for a range of damages suffered as a result of substandard emergency care. This includes general damages, which compensate for the pain, suffering, and loss of amenity caused by the negligence. This takes into account the severity of the harm, its impact on daily life, and any long-term consequences.
Special damages cover financial losses incurred due to the negligence. This may include loss of earnings if the patient has been unable to work, medical expenses for further treatment or rehabilitation, and the cost of any necessary care or support. If modifications to a home or vehicle are required due to lasting injuries, these costs can also be included.
Additionally, compensation may account for ongoing physical and mental health issues caused by the negligence. This could involve covering the cost of therapy or counselling costs for psychological distress, as well as expenses for physiotherapy or specialist medical treatment to manage long-term conditions. In cases where future care or treatment is required, the claim can also include projected costs to ensure the patient’s needs continue to be met.
Can I make a claim for someone else?
A claim for medical negligence can be made on behalf of someone else in certain circumstances. This includes cases where the patient is under 18, lacks the mental capacity to make a claim themselves, or has died. For children, a parent or guardian can act as their litigation friend and pursue a claim on their behalf at any time before they turn 18. Once they reach 18, they have three years from their birthday to bring a claim themselves.
If the person does not have the mental capacity to claim, there is no time limit unless they regain capacity, at which point the three-year limit may apply. For deceased patients, the personal representative of their estate can make a claim within three years from the date of death or the date the negligence was discovered.
