Thousands of children are having to wait up to three years for NHS treatment, as a report has warned that the ‘forgotten generation’ will suffer long-term health issues as a result.
According to research by NHS Providers, the NHS is struggling to cope with rising demand for increasingly complex and acute care needs among children and young people.
Meanwhile, health leaders say the crisis in England is so severe that there is concern that permanent harm and long-term damage will be caused due to the delays.
One NHS trust reported that waiting times for children’s autism assessments had more than doubled, from about 14 months before the Covid-19 pandemic to 38 months today. Children are also being forced to wait too long for medical treatment, surgery, essential speech and language therapy and hearing tests.
According to statistics by NHS Providers, which represents hospital, ambulance, community and mental health trusts in England, 82% of its trusts could not meet the current demand for children’s services.
Sir Julian Hartley, the chief executive of NHS Providers said:
“Too many young lives are being blighted by delays to accessing vital NHS care. We’re in danger of seeing a forgotten generation of young people.”
The shortage of NHS staff was highlighted in the report as a major barrier to treating youngsters. Still, Trusts said being unable to provide adequate care also affected staff morale and contributed to widening health inequalities.
Hartley added:
“Long waits for services have far-reaching implications for a child’s social development, school readiness and educational attainment.
“Preventing ill health among children and young people is central to ensuring the next generation can live well, thrive and contribute to society and the economy.”
Patricia Marquis, the executive director of the Royal College of Nursing in England, said the crisis required “urgent intervention”.
“When NHS leaders say staff shortages are preventing them from delivering services to children – it is time for action.”
A Department of Health and Social Care spokesperson said:
“It is unacceptable that too many children and young people are not receiving the care they deserve, and we know that waits for services are far too long. We are determined to change that.”
But if your child has suffered health implications as a result of NHS delays, you may be entitled to claim compensation. We have broken down everything you need to know below:
NHS delays – How to make a claim
If you or your child has suffered as a result of delays to NHS treatment, you may be entitled to claim compensation. Delays can cause significant consequences, including the worsening of health conditions, or more invasive treatment needed as a result.
Both the NHS and private health providers owe a duty of care to patients, which means they must meet a minimum standard.
When can I claim for delays?
Although it is not often that you can sue the NHS purely for long waiting times, if you have been diagnosed with a condition, but a delay in treatment has caused your health to deteriorate, you may be entitled to claim.
Treatment delays
When an illness or injury is diagnosed, it is crucial to begin treatment promptly to facilitate recovery. If surgery is required, it should be expedited to prevent the patient’s condition from worsening. Delays in surgery can lead to deterioration in health, potential permanent complications, and long-term effects.
In severe cases, such delays can be life-threatening. For example, a patient needing urgent heart surgery might suffer a fatal heart attack if the procedure is delayed, but this could have been prevented with timely surgery.
Negligent delays in surgery can stem from errors made as early as the initial medical appointment, where a healthcare professional may fail to diagnose the condition accurately or recognise the severity of symptoms. Additionally, failing to refer the patient to a specialist promptly can also result in delays.
Consequences of surgical delays include:
- Increased pain and suffering
- Secondary illnesses arising from the primary condition
- Worsening of the original condition
- Reduced chances of a full recovery
- Decreased life expectancy
If you or a loved one have experienced further health issues due to a negligent delay in surgery, you might be entitled to make a personal injury claim.
Cancer delays
Cancer can be a fast-progressing disease that requires prompt and accurate treatment to maximise the chances of survival and recovery. Delays in treatment due to medical negligence, such as misdiagnosis, can be life-threatening, often making the difference between life and death.
Several factors can contribute to delays in cancer treatment, including:
- Healthcare professionals failing to recognise symptoms
- Incorrect diagnosis
- Failure to promptly refer the patient to a specialist
- Administration of incorrect treatment
- Delays in necessary investigations, such as CT scans, MRI scans, or X-rays, after the patient’s health concerns have been raised
Delays can lead to the progression of the disease, making it more challenging to treat and significantly reducing the chances of survival. Time is critical and any delays can have devastating consequences.
If you or a loved one has experienced a delay in cancer treatment due to medical negligence, you may be entitled to pursue a compensation claim.
Delays in factures
A delay in treating a fracture can potentially lead to permanent disability, depending on the fracture’s type and severity.
Negligent delays in fracture treatment can cause the bone to start healing improperly without first being correctly aligned. This may mean you will need more extensive treatments like corrective surgery.
Delays can also result in permanent mobility issues and an increased risk of arthritis. Immediate treatment, such as applying a cast to properly align and support the bone, is crucial for correct healing.
Several factors can cause delays in fracture treatment, including:
- A doctor failing to recognise fracture symptoms and not ordering an X-ray
- Misinterpretation of X-ray results
- Fracture not being visible on the x-ray due to incorrect positioning or angle
- X-ray results not being forwarded to the doctor for examination
If a fracture goes untreated, the patient may experience increased pain and discomfort, potentially impacting their every day and work life.
Regardless of whether the delay occurred with a GP, in a hospital, or an A&E department, if you have suffered due to delayed fracture treatment because of medical negligence, you may be entitled to make a compensation claim.
How to make a medical negligence claim
Medical negligence claims are subject to a three-year limitation period. This means that claims have to be commenced within the courts within three years of either the date the negligent act occurred or the date you became aware that negligence had occurred.
In cases involving deceased victims, this limitation period commences from the date of death and in cases involving minors, the limitation period starts when they reach their 18th Birthday.
The law surrounding limitation periods is complex, our specialist team will be able to advise further.
Who can make a claim?
The victim of the negligence can bring about a claim in their own right. However, it may sadly be the case that the victim is no longer able to bring about a claim or has passed. In such circumstances, a claim can be brought about by the executor of the estate or an authorised person.
For further information about whether you can bring about a claim, please contact the medical negligence team who will be able to advise further.
What do I need to prove to make a claim?
For a successful medical negligence claim, it needs to be proven that:
- The healthcare provider had a duty or obligation to you
- The healthcare provider fell short due to medical negligence
- You were harmed as a direct result of the medical negligence
What evidence should I provide?
Our medical negligence team will assist you in obtaining the evidence needed. However, the following can be useful to assist with your claim:
- Medical notes
- Diary entries of what occurred
- Any communication from GPs or healthcare professionals
- Witness statements
- Proof of loss of earnings
How long will my claim take?
Given the complexities involved in pursuing medical negligence claims, they can often take 12-18 months to conclude and longer if Court proceedings have to be issued.
Our investigations start by obtaining all relevant records and protocols before approaching the Defendants in claims of this nature. Depending upon the injury suffered, independent medical experts may need to be consulted.
We will provide you with regular updates on the progress of your case to ensure that you are kept up to speed.
How much compensation will I get?
For medical negligence cases, we will pursue two forms of compensation for you:
- Firstly we will pursue compensation known as general damages:
This is an award of money for the pain and suffering you have endured as a result of the negligence. General damages will be awarded based on the severity and ongoing effects of the injury. The Judicial College guidelines will be used as a framework for how much you will be awarded.
- Secondly, we will pursue compensation known as special damages:
This is an award of money for all of your out-of-pocket expenses such as travel expenses, medication costs, loss of earnings, and treatment costs both past and future. This list is not exhaustive and is very case-specific.
Why should I use Oakwood Solicitors Ltd?
We have a dedicated team of solicitors and paralegals who have many years of experience between them in running cases of this nature. They are highly trained to deal with all aspects of clinical and medical negligence.
Oakwood Solicitors Ltd wishes to ensure that clients are not overwhelmed by legal jargon or medical terms that they don’t understand and aims to allow the claims procedure to be as transparent as possible.
Further reading
Medical misdiagnosis or delay – Oakwood Solicitors
WHAT TO DO NEXT
Get in touch today for a no-obligation consultation. Choose one of the methods on the right-hand side of this page, or call us on 0113 200 9720 to find out how we can help you.
Carol Cook joined Oakwood Solicitors in May 2017 to lead the Medical Negligence Department.
Carol handles a wide range of clinical, cosmetic and dental negligence claims and has years of experi…
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