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ARTICLE · 06 FEBRUARY 2018

Impatient Patients And The Right To Sue

Clyde & Co
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As the NHS struggles under the weight of record demand and Darnley v Croydon Health Services and NHS Trust [2017] EWCA Civ 151 is appealed to the Supreme Court, we consider the impact of a duty to give accurate waiting time information.

United KingdomLitigation, Mediation & Arbitration
Claire Raftery
Claire Raftery
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As the NHS struggles under the weight of record demand and Darnley v Croydon Health Services and NHS Trust [2017] EWCA Civ 151 is appealed to the Supreme Court, we consider the impact of a duty to give accurate waiting time information.

Scotland's largest health board, NHS Greater Glasgow & Clyde, apologised for lengthy waits at its A&E departments over Christmas and New Year after it faced a huge increase in demand. Attendances were up 20% on last year.

Fuelled by higher alcohol consumption, bad weather and "flu season," the festive period is always a major challenge. Extended waiting times draw media and political attention and increase the risk of claims. Staff have a duty to prioritise serious cases, but is there a duty to tell patients how long they are likely to wait? Following Darnley, the answer is no – for now.

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