The Devastating Consequences of Medical Negligence: The Case of Maisha Najeeb
Medical negligence is a serious issue that can have life-altering consequences for patients and their families. In the UK, the legal system allows individuals to seek compensation when they have suffered harm due to a healthcare professional’s breach of their duty of care. One particularly tragic case that highlights the devastating impact of medical malpractice is that of Maisha Najeeb v. Great Ormond Street Hospital (2014), where a £25.5 million settlement was awarded. This case serves as a stark reminder of the importance of patient safety and the need for accountability within the healthcare system.
What Happened to Maisha Najeeb?
In 2010, Maisha Najeeb, a healthy 10-year-old girl, was undergoing treatment at Great Ormond Street Hospital for a rare condition called arterio-venous malformation (AVM). AVMs involve tangled arteries and veins, which can lead to bleeding in the brain. Maisha had previously undergone several embolization procedures without complications. Embolization involves injecting a special glue to block off the affected blood vessels and a harmless dye to monitor blood flow.
During one of these procedures, a catastrophic error occurred. Due to a mix-up in the operating theatre, the medical team accidentally injected glue directly into Maisha’s brain instead of the dye. This mistake resulted in severe and permanent brain damage. Maisha was left unable to walk, requiring a wheelchair, and needing constant care for all aspects of her daily life. Her cognitive abilities were also severely impacted.
The Legal Battle and Settlement
The family of Maisha Najeeb, represented by medical negligence solicitor Edwina Rawson, pursued a claim for compensation against Great Ormond Street Hospital. The hospital admitted full liability for the incident, acknowledging that their negligence had caused Maisha’s injuries.
The case was initially set to go to trial to determine the amount of compensation. However, an agreement was reached between the parties. The settlement included an upfront lump sum payment of £2.8 million, plus annual payments of £383,000 until Maisha turned 19, which would then increase to £423,000 per year for the rest of her life. This settlement, approved by the High Court in London in January 2014, was one of the largest ever awarded in a medical negligence case in the UK. The total payout is estimated to be around £25.5 million.
Understanding Medical Negligence in the UK
Medical negligence, also known as clinical negligence, occurs when a healthcare professional breaches their duty of care, resulting in harm to a patient. In the UK, medical negligence law allows individuals to claim compensation if they have suffered due to negligent treatment. This can include surgical errors, misdiagnosis, incorrect treatment, or medication errors.
To establish medical negligence, it must be proven that:
- A duty of care existed: The healthcare professional had a responsibility to provide a certain standard of care to the patient.
- There was a breach of duty: The healthcare professional failed to meet that standard of care.
- The breach caused harm: The patient suffered injury or loss as a direct result of the negligence.
The Bolam and Bolitho tests are legal standards used in medical negligence cases in the UK to determine whether healthcare professionals have breached their duty of care.
Time Limits for Claims
It’s crucial to be aware of the time limits for bringing a medical negligence claim in the UK. Generally, claims must be started within three years of the date of the negligence or the date the individual became aware that their injury was linked to the poor care. For minors, the three-year period starts when they reach the age of 18.
Compensation in Medical Negligence Cases
Compensation in medical negligence cases is intended to cover the physical, mental, and financial damages incurred by the patient. This can include:
- Pain and suffering: Compensation for the physical and emotional distress caused by the negligence.
- Medical expenses: Costs of past and future medical treatment, rehabilitation, and care.
- Loss of earnings: Compensation for lost income due to the inability to work.
- Adaptations to accommodation: Costs for making necessary changes to the home to accommodate the patient’s needs.
The amount of compensation awarded varies greatly depending on the severity of the injury, the estimated recovery time, and the financial losses experienced by the claimant. While the average payout for medical negligence in the UK is around £50,000, compensation can range from £1,000 to millions of pounds.
The Impact of the Maisha Najeeb Case
The Maisha Najeeb case had a significant impact, highlighting the importance of proper procedures and protocols in healthcare settings. The case revealed a critical lack of a system to distinguish between syringes containing glue and those containing dye, which led to the tragic mistake.
Great Ormond Street Hospital has since apologized and pledged to take steps to prevent similar incidents from happening again. The case also serves as a reminder of the need for healthcare professionals to be vigilant and for hospitals to have robust systems in place to ensure patient safety.
Recent Concerns at Great Ormond Street Hospital
In recent years, Great Ormond Street Hospital has faced further scrutiny regarding medical negligence. An investigation into the work of a former orthopaedic surgeon, Yaser Jabbar, revealed that surgeries performed on 721 children are being assessed for potential medical malpractice. This investigation has raised serious concerns about the quality of care provided at the hospital and the need for greater accountability.
Seeking Legal Advice
If you or a loved one has suffered harm due to medical negligence, it is essential to seek legal advice from a specialist medical negligence solicitor. They can assess your case, explain your legal options, and guide you through the process of making a claim.
Conclusion
The case of Maisha Najeeb v. Great Ormond Street Hospital is a poignant example of the devastating consequences of medical negligence. It underscores the importance of patient safety, accountability, and the need for robust systems within the healthcare system. While no amount of money can undo the harm caused, compensation can help to provide the necessary care and support for those who have suffered due to medical malpractice. If you believe you have a claim, do not hesitate to seek legal advice to understand your rights and options.
Have you or a loved one been affected by medical negligence? What steps do you think should be taken to prevent such incidents from happening again?