The recent suggestion from some commentators that delays in NHS treatment for elective care and cancer treatment could spark an increase in negligence claims ‘is not completely straightforward’, according to law firm Roythornes.
The National Audit Office last week published a report showing treatment times fall short of NHS targets, prompting the suggestions.
Roythornes pointed out that, while negligence could be argued if the targets are recognised as accepted practice, the NHS could justify the departure from accepted practice on the basis of financial constraints. Moreover, the accepted standards could change with time if it becomes apparent the targets are unreasonable.
