Covid-19 has had a seismic impact on the medical profession in this country. Among the many consequences of locking down the country and vastly reducing routine NHS referrals is that people who would otherwise have been seen, diagnosed and treated were instead told to sit tight and wait. 

In 2020, there were 4.7 million fewer patients referred than over the same period in 2019. The number of referrals taking place per week plummeted from more than 350,000 to under 100,000. And it’s not just routine referrals that took a hit, but urgent ones, too – including those involving suspected cancer. 

Given that early intervention is so critical in securing a positive outcome in cases where cancer is suspected, it’s inevitable that the measures designed to reduce deaths and serious illness caused by Covid-19 will have come at the cost of preventable death and serious illness caused by other causes. 

And the full scale of the problem might not be made clear by the statistics, since a more diffuse fear of going into hospital might be playing a role in dissuading stroke and cardiac patients from making the trip. And that’s before we count the psychological consequences of forcing people to stay in their homes for months on end.

Whether this trade-off is worthwhile may be proven in the fullness of time. What’s a near-certainty is that it will result in a substantial volume of medical negligence claims.

What might cause medical negligence claims to rise?

The rise in the number of GP negligence claims can be analysed in several different ways. The long-term effects of ‘long COVID’ are yet to be fully understood, but it might be that patients can seek a legal remedy for their loss of earnings (if they were not furloughed) and the cost of future care and therapy.

It’s possible that the legal challenges that lie ahead are going to be just as intricate and difficult for the courts as the disease itself was. If you feel that you’ve suffered during the pandemic as a result of medical negligence, then it’s worth getting in touch with a qualified, experienced solicitor. It might be that you’re entitled to a legal remedy. 

The Bolam Test

A standard established in 1957 by the case of Bolam vs Friern Hospital Management Committee holds that medical professionals should be expected to provide a level of care equivalent to a competent member of the profession – rather than being expected to do what a perfect doctor would do in an ideal world. 

In practice, this might make it difficult to hold medical staff and institutions accountable for failings that occurred during a time of emergency.