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Neglect of patients to be a criminal offence (21 March 2014)

Date: 21/03/2014
Duncan Lewis, Legal News Solicitors, Neglect of patients to be a criminal offence

It has been revealed that there could be as many as 240 prosecutions each year of people accused of wilful neglect or cruel treatment of patients. This is the result of a new criminal offence that is to be put in place after the scandal in the Mid Staffordshire health service.

Those who are found guilty of such offences could spend up to five years in prison and/or face a fine of up to £5000. This has been revealed in a consultation paper. There could also be penalties for the organisations that employ those that have been accused.

It is hoped that this law would act as a deterrent for those working in the health service and will match the penalties that are already in place for those who mistreat those with impaired mental capacity. The Department of Health is determined to show that poor care of patients will not be tolerated.

It is estimated that the criminal justice system will be hit by costs of around £2.2 million each year but some defendants will be required to contribute to costs. The police and other organisations that need to take steps will also see other costs. Reputational damage is also a risk.

The recommendation for this to become a criminal offence came from an advisory group after the report was issued on Mid Staffs. However, government ministers are calling for this offence to also be applied to those who work in private hospitals, nursing homes and those who work in a voluntary capacity.

The estimate of 240 prosecutions each year has been based on the prosecutions that have already been brought about due to the mental health protection laws. Estimates from the department of health have suggested that one in 45,000 patients would be affected each year. The figures for mental health patients are one in 3800.

Ministers want to ensure that those who make genuine mistakes should not be prosecuted and incidents like that should be used to improve the overall quality of care and service. The care and support minister has spoken out in support of the standards of care within the health service but has stated that the problems in Mid Staffs shows that sometimes it is not good enough and action does need to be taken. The action to make the ill treatment of patients a criminal offence is about closing a gap to show that this is not acceptable.

The proposals have been welcomed by Action against Medial Accidents, the patient safety charity. A spokesperson has stated that it is important for people to understand that prosecutions will be brought about because of wilful neglect rather than mistakes.

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