Labour MP, Andrew Gwynne, has alleged that a national law firm have hidden evidence in order to cover up the hospital’s error. This is a prime example of why those who suffer Medical Negligence need to be represented by a specialist and experienced legal professional.

Speaking during parliamentary debate earlier this month, Gwynne alleged his constituent received negligent medical treatment during an operation on his ruptured achilles tendon. The consultant surgeon was not available to perform the operation and so a junior doctor performed it, potentially leading to lasting damage to the patient.

According to Gwynne, the patient would have been happy with a further operation to correct the error but as soon as he raised a complaint about his treatment the hospital hired a law firm to defend their actions. The hospital’s solicitors failed to disclose crucial medical records without ‘continued and considerable’ pressure by the patient; however, the patient’s solicitors also failed to properly pursue these records before his 3 year limitation period had expired.

Gwynne alleged that the hospital’s solicitors provided ‘only a very selective number’ of the patient’s medical files before his limitation period expired and that this was deliberately done to prevent the patient from successfully claiming Medical Negligence.

Responding to Gwynne’s speech, health minister Stephen Barclay said: ‘It is important that patients receive the safest care possible from the NHS and that when things go wrong clinicians are open and honest, and able to learn from their mistakes.’ This mirrors calls made by Jeremy Hunt to try and tackle the ‘Defensive Culture’ of the NHS (you can read our recent blog on this issue here) but, as this case demonstrates, Mr Hunt’s advice is not being followed through.

This case also highlights the need for an experienced firm of solicitors to handle your Medical Negligence claim. Unfortunately, hospitals commonly fail to provide a full set of medical records, but this does not necessarily mean that they are deliberately withholding them as Gwynne has alleged in this case. The fact of the matter is that this patient’s solicitors will have had the opportunity to identify that there were medical records missing and make an application to the Court for the records before the 3 year limitation period expired.

Jordans are experienced in successfully pursuing Medical Negligence claims and work closely with a team of medical professionals to ensure that no stone is unturned when investigating your claim. If you have suffered from Medical Negligence and would like to see if you are entitled to claim then call 01924 457171 to speak to one of our specialists today.

Although we do not know the full facts of this particular claim, the patient could potentially be entitled to bring action against his solicitors for failing to act appropriately before his 3 year limitation period expired. Jordans have a specialist Professional Negligence team that deal with such claims and they can be contacted on 01924 457171.

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