Medical Negligence Victim Wants Legislation

An elderly man is fighting for a new legislation to enable victims who have suffered from medical negligence before the National Health Service (NHS) was established, to claim for compensation.

According to the man, he is still suffering from the negligent treatment he received in back 1942 when he was six-years-old, but is unable to claim compensation as the case does not fall within the power of the NHS. This is because, it pre-dates the establishment of the Service in 1948.

Negligence before the birth of the NHS

The man, from Penicuik, Scotland, stated that he was highly exposed to X-rays on his right hand when he was six-years-old, which has left him in agony since. The msn is now 73 years of age.

He was having a routine operation to remove warts from his hands when his right hand, had been exposed to the rays for approximately 20 minutes instead of one to two minutes.

According to a doctor at the hospital, the nurse had left him unattended for too long and as a result, the act of negligence caused severe life-long damage to his hand.

The man stated that he has "undergone seven major skin graft operations" since, "alongside 80 visits to my GP, visits to plastic surgeons, dermatologists, orthopaedic surgeons, vascular surgeons."

He has great difficulties "in undertaking the simplest of tasks such as changing a light bulb due to the deteriorating state on [his] hands with bad circulation and skin infections."

He said: "After it happened, I was reassured that the damage would heal within four or five years. When that didn't happen, my hand was given a wax bath."

"In 1947, I was sent to Stobhill in Glasgow for my first skin graft."

He also underwent a number of operations on his hand but stated that it didn't "really improve it."

As a result, he attempted to file a compensation claim for his injuries, yet had been denied as it didn't fall in line with the jurisdiction with the Health Service requirements.

He has therefore decided to take further action to fight for a new ruling.

Calls for pre-NHS compensation

The man has sent a petition to Parliament with the support of 200 people, including representatives of the medical profession.

The petition calls for the "Scottish Parliament to compel the Scottish Government to establish a discretionary compensation scheme to provide redress to persons who suffered injury, due to negligent medical treatment prior to the establishment of the NHS."

The man said: "I am hoping that if this succeeds it might help others who have the same problem. People make mistakes and things can go wrong, but I am seeking a duty of care and responsibility for the damage that was done.

"Just because it was pre-1948 shouldn't mean anything. There ought to be a moral obligation for me to receive some help," he concluded.


RESOURCES
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