Medical Negligence Claims & Tort Law: An NHS Case Study Analysis

This dissertation explores the impact of medical negligence claims on the law of torts, focusing on the British NHS organization. It aims to analyze medical negligence claims under tort law through a case study, identifying the concept of medical negligence, examining the types of claims individuals can make, and determining the consequences of such negligence. The study reviews existing literature, discussing negligence as a lack of intent to cause harm and highlighting instances where healthcare professionals face legal actions due to carelessness. It further investigates the claims individuals can make when healthcare professionals fail to provide adequate care, leading to injury or harm. The research methodology employs a positivist paradigm, using a deductive approach with questionnaires and literature reviews to gather primary and secondary data from a representative sample of the NHS workforce, while adhering to ethical considerations such as informed consent and confidentiality.

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 (Uma & et.
al., 2020). 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 health. 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 identify the concept of medical negligence under tort law
 To examine the claims of medical negligence that can be made by the individual
 To determine the consequences of medical negligence

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 Lydia Kerketta, (2021), revealed that In recent times, medical malpractice is now one of the
country's most serious issues. 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 (Sharma, Queenan, & Ozturk, 2019). 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 behavior. 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
Accoridng to the Choudhry,(2016), 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 problem. 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.
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 Frakes,(2016), 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 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 fatal.

Gantt chart

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 & information (Pandey & Pandey, 2021).
 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
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
Choudhry, A.J., Haddad, N.N., Rivera, M., Morris, D.S., Zietlow, S.P., Schiller, H.J., Jenkins,
D.H., Chowdhury, N.M. and Zielinski, M.D., 2016. Medical malpractice in the
management of small bowel obstruction: a 33-year review of case
law. Surgery, 160(4), pp.1017-1027.
Frakes, M. and Jena, A.B., 2016. Does medical malpractice law improve health care
quality?. Journal of public economics, 143, pp.142-158.
Pandey, P. and Pandey, M.M., 2021. Research methodology tools and techniques. Bridge Center.
Sharma, L., Queenan, C. and Ozturk, O., 2019. The impact of information technology and
communication on medical malpractice lawsuits. Production and Operations
Management, 28(10), pp.2552-2572.
Uma, P.K., Ramani, P., Sherlin, H.J., Gheena, S., Jayaraj, G. and Don, K.R., 2020. Knowledge
about Legal Aspects of Medical Negligence in India among Dentists–A Questionnaire
Survey. Medico-Legal Update, 20(1), pp.111-115.
Online
Lydia Kerketta, Medical Negligence: A Specific Tort , 2021 [Online ] Available Through <
legalservicesindia.com/article/1898/Medical-Negligence:-A-Specific-Tort.html#:~:text=Medical
%20negligence%20changes%20its%20form,a%20simple%20injury%20of%20fracture.>