Modern Medicine is not without risks.
Practically all interventions or even non-interventions can cause harm. For example, a doctor simply encouraging a patient to drink more water or recommending bed rest can be harmful in certain medical circumstances.
Many medical harms ( side effects and complications) are certainly not due to significant clinical negligence.
But in the small minority where harm is due to clinical negligence ( albeit un-intentional ), getting compensation is not straightforward.
It is a shame that not everyone who suffers medical harm is able to seek compensation.
Patients usually have to prove medical negligence to get compensation and only a small fraction of people do have the time, money and drive to pursue a negligence claim through legal process. It seems like a jack-pot where a few win big amounts while others receive nothing.
Read the articles in the BMJ and respond if you can.
S Sundar. “Wrongful conception” case: “Wrongful conception”: the case for no-fault compensation. BMJ 2022; 376 doi: https://doi.org/10.1136/bmj.o153 (Published 21 January 2022) Cite this as: BMJ 2022;376:o153. Free to access link: http://bmj.com/cgi/content/full/bmj.o153?ijkey=tVbj8XpptPFTQES&keytype=ref
Folic acid supplementation and the complexities of blame. BMJ 2022; 376 doi: https://doi.org/10.1136/bmj.o144 (Published 20 January 2022)Cite this as: BMJ 2022;376:o144
Papanikitas A, Spicer J, Hayhoe B. “Wrongful conception” ruling against UK general practitioner. BMJ2022;376:o79. doi:10.1136/bmj.o79 pmid:35031556. FREE Full TextGoogle Scholar
Dyer C. Show jumper wins case against mother’s GP for “wrongful conception” that resulted in her disability. BMJ2021;375:n2999. doi:10.1136/bmj.n2999. pmid:34862168. FREE Full TextGoogle Scholar
Toombes v Mitchell T.  EWHC 3234. https://1f2ca7mxjow42e65q49871m1-wpengine.netdna-ssl.com/wp-content/uploads/2021/12/Toombes-v-Mitchell-Approved-Judgment.pdf.
BMJ. What implications does the Toombes vs Mitchell case have for other healthcare professionals?
BMJ 2022; 376 doi: https://doi.org/10.1136/bmj.o162 (Published 20 January 2022)
Cite this as: BMJ 2022;376:o162
Dollimore L. Spina bifida showjumper wins landmark legal case over her “wrongful conception”: Evie Toombes, 20, who sued her mother’s GP claiming she “should never have been born” could win millions in damages. Daily Mail 2021 Dec 1. https://www.dailymail.co.uk/news/article-10262911/Para-showjumper-sued-mothers-GP-claiming-never-born-wins-landmark-case.html
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