Clinical Negligence Solicitors

Currently, the NHS works under what is known as “the 4-hour rule”. This states that, when you arrive at A&E, whether you have a life threatening emergency or a minor ailment, it is a key NHS commitment to see the you within 4 hours. However, hospitals have been struggling to maintain this standard since the summer of 2015.

Health Secretary, Jeremy Hunt, has stated that in order to uphold this standard, the 4-hour rule will need to be applied only to those with urgent needs rather than those with minor issues. Mr Hunt stated, ““If we are going to protect our four-hour standard, we need to be clear it’s a promise to sort out all urgent health problems within four hours – but not all health problems, however minor.” To assist this, some hospitals have started using a streaming service where staff assess patients as they walk in the door and if they don’t have an urgent issue they are sent elsewhere.

This proposed overhaul of the 4-hour rule won’t eliminate the problem and instead presents a downgraded service. Rather than striving to improve and strengthen the NHS commitment to have a maximum four-hour wait for all patients, these suggestions are at the expense of patients with minor or less serious ailments. Whilst “winter pressures” are being used as one reason for the change, even in the summer of 2016 only 86% of patients were being seen within 4 hours. British Medical Association leader Dr Mark Porter said ministers should instead focus on increasing investment and developing a "long-term plan to protect patients who are enduring some of the worst conditions in decades".

Ashwati Menon, a member of the Clinical Negligence Department at Duncan Lewis Solicitors, states, “although many times the wait in A&E can be more than 4 hours, it is difficult to see how being advised that your ailment is not urgent or serious and then being directed elsewhere is any better. Minor ailments left untreated or undiagnosed can become major and more urgent ailments”.

Ashwati Menon is a Caseworker in the Clinical Negligence and Personal Injury Departments. She is experienced in assisting on numerous clinical negligence claims, including, but not limited to, orthopaedic claims, gastroenterology and cardiac related injuries.

Please note that limitation periods apply to clinical negligence claims. Usually there is a three year limitation period that applies from the date of the negligent act. In some instances, it can run from the date you became aware of the negligent act. You must ensure that court proceedings are commenced before the expiry of the limitation period that applies to your case or you will almost certainly lose the right to pursue your claim (as the Court only allows claimants to bring claims after the limitation period expires in very exceptional cases). For expert legal advice on Medical Negligence Claims, call Duncan Lewis clinical negligence solicitors on 0333 772 0409.