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Just as with any individual, when a person with learning difficulties is in hospital receiving medical care, he or she may have very particular needs. However, there is strong evidence suggesting that the NHS too often fails to meet the particular needs of individuals with learning difficulties. Indeed, there are even accusations that they are the victims of the kinds of "institutional discrimination" that can lead to suffering and, ultimately medical negligence compensation cases.
In 2007 the mental health charity Mencap published a report entitled Death By Indifference; by highlighting the cases of six people with learning difficulties who died while in the care of NHS hospitals it sought to raise awareness and prompt an improvement in standards.
At the time of the report, Jo Williams, Mencap's chief executive commented, "We are deeply disturbed that… people with a learning disability continue to receive worse healthcare than those without a disability.
"Despite government recognition of the inequalities experienced by people with a learning disability within NHS care, there has been no commitment to tackle them.
"It is an outrage that the solutions to this problem have long been recognised, and yet action has not been taken."
The government responded to the report by admitting that areas of the NHS "do not meet the necessary standard".
It also said that it would set up an independent inquiry to ensure "that the NHS and others take all the necessary steps to ensure people with learning disabilities get the quality of care they need."
However, for some this has not been enough. For example, in July of 2009 family members of a 20-year-old man with learning difficulties who died while in the care of Basildon Hospital indicated that they would be seeking medical negligence compensation for the death. The man had suffered asphyxiation as a result of his head becoming trapped between the bars of a hospital bed. An inquiry has already ruled that neglect was a contributory factor; the fourth such incident to occur at the hospital since 2003.
A Mencap spokesperson commented, "We don't yet know if this year's death was unavoidable, but it raises concerns as to whether the hospital has made the changes to procedures that it should have since the previous deaths."
Leading medical negligence compensation lawyers
Whoever we are, we all deserve medical care that is recognises our particular needs. Failure to address these needs may mean that healthcare staff have breached their duty of care.
If you believe that your doctor or surgeon has failed to deliver the duty of care owed you, and you have suffered injury or ill health as a result, it may be possible to claim compensation for your pain, suffering and losses.
Indeed, if you have had to live through the tragedy of losing a loved one, or experienced the trauma of seeing a family member lose his or her independence, it may also be possible to claim compensation.
YouClaim has many years of experience representing such claims. We have an excellent success rate and all our personal injury solicitors are carefully drawn from reputable firms governed by the Solicitors Regulation Authority; with many also possessing membership of the Clinical Negligence Accreditation Scheme.
If you would like to consider your rights, consult a legal advisor today by using the echat window, completing online claim form or calling us, on 0800 10 757 95.
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