The symptoms of learning disabilities are difficult to observe. Unlike other psychological and psychiatric disorders, learning disabilities require a thorough medical examination before a diagnosis is given. However, learning disabilities are often caused by physical problems, such as brain injury. In such cases, when the cause is not identified thoroughly, the symptoms worsen over time, which can result in severe health problems, and sometimes even death.
On such grounds, a medical negligence claim can be submitted. Medical negligence claims return you with a monetary settlement, which is used as compensation for carrying out advanced treatment. However, if the negligence resulted in death, the compensation amount covers the cost of funeral arrangements.
Recently, there has been a significant rise in the cases of medical negligence claims, which are submitted in regards to the learning disability in individuals. This negligence is usually caused by the lack of training of the hospital staff, along with the doctor’s inability to carry out a proper assessment, which can eliminate the possibility of a physical illness.
Research shows that around twelve hundred individuals with learning disabilities die an avoidable death each year. Additionally, a survey, carried out by YouGov, revealed that at least one in every four healthcare workers are not aware of the caring techniques required to deal with patients with learning disabilities. Similarly, it was also observed that one in three medical professionals believe that the treatment, as well as the quality of care provided to patients with a learning disability is worse than the care provided to those without it.
Take a look at the following cases.
The case of Paul Ridd – 2009
The case of Paul Ridd, in 2009, created awareness for the need for a thorough medical assessment for individuals with learning disabilities. When it comes to diagnosing individuals with learning disorders, medical negligence occurs when doctors attribute the physical condition to the psychological or psychiatric disorder. This is exactly what happened in Paul Ridd’s case. Mr Ridd was admitted to the hospital in 2009 for perforated bowels. However, the assigned doctor failed to provide him with a diagnosis, as he assumed that the problem was a direct result of Mr Rudd’s learning disability, which was due to brain damage at birth. As a consequence of this negligence, Mr Ridd died of respiratory problems. According to the Public Services Ombudsman for Wales, Mr Ridd’s death was considered to be a “diagnostic overshadowing.’
Following his death, Mr.Ridd’s sister filed a petition stating the dire need for a thorough medical assessment of individuals with learning disabilities. Her primary objective was that the Welsh government debate must ensure mandatory training for healthcare workers to appropriately handle sensitive cases of learning disabilities.
The case of Oliver McGowan- 2019
Exactly ten years after the case of Mr Ridd, the prevalence of medical negligence in individuals with learning disabilities still remained. One such scenario was the case of Oliver McGowan, who died at the tender age of eighteen, as he was prescribed the wrong medicine. Oliver McGowan experienced high-functioning Autism, as well as a mild learning disability. While he was in the ambulance, Oliver McGowan repeatedly told the ambulance staff to avoid giving him a dose of an antipsychotic medication. However, despite his refusal to take the drug, the ambulance staff administered it anyway, which resulted in the death of an eighteen year old. This death could have been avoided if the medical professionals had proper training for dealing with individuals with a learning disability. This case was recognised by the Department of Health & Social Care, who used it to run a Consultation on Learning Disability and Autism Training for health and care staff in England, during February 2019.
The case of Mark Stuart -2015
In the cases of learning disabilities, the diagnostic overshadowing of the patient is extremely common. This was further evidenced in the case of Mark Staurt, who died at age 22, at Royal Blackburn Hospital in 2015. Mark Stuart, diagnosed with autism, was admitted to the hospital for a partial bowel blockage. His case severely identified medical negligence, as the hospital staff left him starving and thirst-quenched for a period of five days. This negligence ultimately resulted in his death. According to the Director of External Affairs at the National Autistic Society, Mark Staurt’s death can be attributed to the lack of understanding regarding the needs of auisitic individuals.
What can be done?
The inauguration of awareness programs, as well as training sessions for healthcare workers, are required to deal with this issue of diagnostic overshadowing, along with the absence of proper care.
With that said, if you or a loved one, has been a victim of medical negligence, it is essential to receive compensation for the loss. You can contact a team of experienced soliciit\ors, who can submit your claim, gather evidence and support your case.
