The amputation of a Batley carer’s leg should be a wake-up call over patient safety - John Kushnick

A former carer, from Batley, West Yorkshire, has received a multimillion-pound compensation deal from the Mid Yorkshire NHS Trust, following the amputation of her leg caused by hospital failings (a delay in surgery times) in 2020.

This case underscores the importance of fulfilling the duty of care medical professionals have for patients, especially in critical cases such as these.

The NHS is under severe pressure, and this is especially felt in Yorkshire. Towards the end of last year, the NHS conducted a four-week consultation to gather ideas on improving patient care and preventing illness, following a particularly tough time for the region’s hospitals.

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It is important to call out that the care provided by health professionals and the NHS is usually to an excellent standard and it is vital that the organisation is given support rather than blamed during this period where it is under immense pressure.

A general view of an NHS logo. PIC: Dominic Lipinski/PA WireA general view of an NHS logo. PIC: Dominic Lipinski/PA Wire
A general view of an NHS logo. PIC: Dominic Lipinski/PA Wire

However, mistakes can happen under pressure, and it is important that patients know their rights when medical negligence occurs.

The strain on the system could be a contributing factor behind an increasing number of medical errors, and to address these challenges, policymakers must implement urgent systemic reforms that prioritise better care, to ensure families affected by failures receive the compensation and support they deserve.

This case is a clear example of a tragic but avoidable failure in healthcare, which reflects a wider pattern within the system. The trust’s own admission shows that timely surgery could have changed the outcome dramatically. This exemplifies the way in which one mistake can have an impact on a patient’s life and how they live, permanently.

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In cases like this, the emotional and physical turmoil can result in the patient requiring rehabilitation, full time care, regular treatments and medication, a new home with reasonable adjustments, a new job and a whole new lifestyle among many other life-altering adjustments. This is why it is crucial that patients understand their rights to compensation.

While improving the current state of the NHS is a priority, we cannot overlook the critical role that fair compensation plays in addressing the aftermath of medical failures. Compensation is not just financial restitution. It ensures that individuals receive the support they need to rebuild their lives after medical negligence. It plays a vital role in holding the healthcare system accountable. When mistakes are made, patients deserve assurance that their suffering will lead to changes in the system to prevent others from experiencing the same harm.

However, there is persistent stigma around seeking compensation, with many patients feeling hesitant, or fearful of being seen as ‘blaming the NHS’. This stigma cannot come at the cost of people pursuing justice or trying to rebuild their lives after an accident. Ultimately, pursuing a claim is not about undermining the health service, but is about ensuring accountability, learning from mistakes, and securing the care and support people need to move forward. Creating a more open conversation around the right to claim will empower more individuals to speak up and seek justice without shame.

Reducing pressure on the NHS must be a top priority to prevent further avoidable harm.

John Kushnick is the legal operations director at National Accident Helpline.

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