Medical Negligence Claims Under Tort Law: NHS Claims Impact Analysis

This dissertation investigates the impact of medical negligence claims on the law of Torts, focusing on the UK's National Health Service (NHS). It examines the concept and requirements for medical negligence claims, identifies challenges faced by claimants, and proposes potential reforms. The research reviews existing literature to define medical negligence under tort law, explores the types of claims individuals can make, and analyzes the consequences of medical negligence, including criminal, financial, and disciplinary actions. Employing a positivist paradigm and deductive approach, the research uses both primary (questionnaires) and secondary data (journals, books, case laws) to gather information. Ethical considerations, such as informed consent and confidentiality, are also addressed. The study uses a sample of NHS workforce to analyze the impact of medical negligence claims.

Law Dissertation
Research Proposal

Table of Contents
Introduction ................................................................................................................................................3
Rational of the Study ..................................................................................................................................4
Literature Review .......................................................................................................................................4
Gantt chart ..................................................................................................................................................6
Research Methodology ...............................................................................................................................7
References ..................................................................................................................................................9

Topic - To Study the impact of claims related with the medical negligence in context of law
of Torts.
Introduction
In this fast running globe, it is determined that the impact of the claims of medical negligence on
the laws of Torts can affect the organization. It is analyzed that Healthcare & medical
misconduct has become one of the country's most severe challenges in recent years. Even just the
medical business, which is often recognized as one of the best, is not immunity to negligence,
which production of cheap in the tragic life, complete or partial disability, or any other kind of
pain that negatively impacts their health1. There have been instances because under physicians
have faced legal prosecution as a result of their extreme negligence or deliberate behavior. For
this research, NHS organization is considered the most famous British organization. The
National Health Service is Engl&'s publicly financed medical system one of the United
Kingdom's four National Health Service systems.
Aim
To analyze the claims of medical negligence under law of torts, A case study on NSH
Objective
 To examine the concept and requirements for the claim of medical negligence.
 To determine the difficulties faced in claiming medical negligence.
 To identify the reformations that can be made in claiming the medical negligence.
1 Tort Law: The Rules of Medical Malpractice (lawshelf.com, 2022)

Rational of the Study
The reason of this study is to identify the effectiveness of the medical negligence under the tort
law & also determine the claims of medical negligence that can be made by the individual. In
this study, researcher will identify & determine the consequences of medical negligence.
Literature Review
To identify the concept of medical negligence under tort law
According to the various reports it has been revealed that In recent times, medical malpractice is now one of
the country's most serious issues2. Even just the medical industry, which again is regarded as one of the finest, is not
immune to neglect, which frequently ends in the patient's death, full or partial disability, or any other suffering that has a
negative impact on their health. There have been cases wherein surgeons who are under-educated have resulted in legal
actions as a result of their gross carelessness or purposeful behavior. It is determined that negligence is defined as a
lack of intent to cause the purported damage. It refers to reckless or irrational behavior. Even
though it is a criminal offence, illogical behavior that does no harm is not punishable. When
someone engages in such conduct & injures someone person, they are responsible for
recklessness. Reckless behavior, it should be emphasized, can apply either to a condition of
torturous liability or a distinct tort. It is determined that subjective Opinion- Ignorance, as according
Salmon’s notion, is a "state of mind." This state of mind varies among individuals, & the
individual is solely accountable for his intentional behaviori. It's got a personal touch to it. If a
person has performed to the best of his ability, he can indeed be held liable. Pollock's Objective
View - Irresponsibility, according to this idea, is a pattern of behavior that a rational person may
avoid by exerting appropriate care & diligence.
To examine the claims of medical negligence that can be made by the individual
2 Daye and Morris, 2021

It has been explained that when a healthcare professional fails to offer an appropriate quality of
care, cause serious injury or harm to the patient, this is known as medical negligence. This can
happen either by generating a new injury or sickness as a result of poor treatment, or by
exacerbating an established injury or health problem3. Medical malpractice could include birth
injuries, mistreatment in a nursing home, medical blunders, vision correction issues, & more. It
is determined that medical malpractice lawsuits are sometimes misunderstood to mean that they
may only be brought versus NHS doctors. This, nevertheless, is not the case 4. The court in the
case of ABC v. St. George's Health care NHS trust and others of 2017, established that it may
be justified in special circumstances to break the confidence where the aversion of harm by the
disclosure outweighs the patient's claim to confidentiality and on this occasion patient
information should have been shared to avert the harm which has been caused to ABC and her
familyii. All health care providers who have treated you might be held liable for their acts. So
long as there is documentation, complaints can be filed against private physicians, dentists,
cosmetic surgeons, care homes, or any other medical practitioner who now has failed to give you
with proper treatment.
To determine the consequences of medical negligence
According to Lydia Kerketta, it has been defined that the effects of legally recognized
medical malpractice can be divided into three groups, Criminal responsibility, Financial
responsibility, Disciplinary measures If company have had a delay in diagnosis of the disease,
regardless of the cause surrounding your sickness, you may be eligible to file a claim. When an
illness is ignored or misinterpreted because the indications are not usual, a delayed diagnosis
might ensue. However, inadequate examinations by health professionals, failure to produce
adequate care, & lack to follow it up on aberrant results can all cause a delay in diagnosis.
Clinical negligence is the term for this. It is determined that delay in diagnosis can have
3 Medical Negligence ‘(Lawctopus.com, October 2020)
4 ABC v St George’s Healthcare NHS Trust and others [2017]
i
ii

experience effects in some cases; for example, a delay in detecting meningitis can be fatal, & a
delay in identifying some kinds of cancer can prove to be fatal5. Similarly in the case of Darnley
v. Croydon Health Services NHS Trust of 2018, that it is the case of medical negligence where a
duty is established by a hospital patient relation and that an averagely competent and well
informed A & E receptionist would not provide the misleading information.
Gantt chart
5 Darnley v Croydon Health Services NHS Trust [2018]

Research Methodology
 Research philosophy - This is primarily described as the values that the researcher
chooses to get information about a topic. The positivist paradigm philosophy will be used
in the current inquiry research. The argument for using this strategy is that it is linked to
qualitative research methodologies & aids in the proper gathering of information & data.
 Research approach - In light of this, the investigator will collect information & data
deliberately using a deductive method in order to conduct research in a quantitative
manner.
 Research strategies: - A research strategy is essentially a statement of intent that
academics follow in order to achieve their overall study goals. There seem to be variety
of research strategies in which a research study will use a questionnaire to efficient
manner gather data & information6 .
 Research choices: - This feature of research technique plays a critical role in doing good
research. The two sorts of research philosophy from which researchers will utilize
qualitative research methodologies are primary & secondary data. The key reason for
6 Kumar, 2020.

using this strategy is that it allows researchers to collect in a statistical & quantitative
barrier & then exhibit it using bar in charts to ensure a greater degree of accuracy.
 Data collection - In order to gather data, the researcher will employ both primary &
secondary data collecting methods, with the primary data collection technique being the
questionnaire. In secondary research, investigators actually perform literature reviews
using generals, textbooks, articles, & other resources.
 Sampling: - In terms of sampling, the researcher will take a representative sample out of
the whole NHS workforce. The investigator will acquire a sample size of 45 respondents
using the r&om sampling size approach
 Ethical Consideration - When establishing the assessment framework, ethical factors
must be taken under account. Informed permission, voluntary involvement, & other
ethical factors are all taken into account during the assessment process. Confidential,
Pseudonymity, & Do No Harm Only look at the parts that are important.

References
Journals
Cheluvappa and Selvendran, ;Medical negligence-Key cases and application of legislation’
(Oxford journal of legal studies), September 2020 <
https://www.sciencedirect.com/science/article/pii/S2049080120301989 > accessed on 8/4/2022
Kumar, 2020. Medical negligence & malpractices in India: perspective of tortious law. (Journal
of Law of Torts and Consumer Protection Law). November 2020 <
https://lawjournals.celnet.in/index.php/jltcpl/article/view/473> accessed on 8/4/2022
Books
Daye and Morris, North Carolina Law of Torts (3rd Edition. LexisNexis 2021).
Case laws
Darnley v Croydon Health Services NHS Trust [2018] UKSC 50
ABC v St George’s Healthcare NHS Trust and others [2017] EWCA CIV 336
Online
Medical Negligence ‘(Lawctopus.com, October 2020)
<https://www.lawctopus.com/academike/medical-negligence/ > accessed on 8/4/2022
Tort Law: The Rules of Medical Malpractice (lawshelf.com, 2022) <
https://lawshelf.com/shortvideoscontentview/tort-law-the-rules-of-medical-malpractice>
accessed on 8/4/2022