The C Word

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Are People with Disabilities More Likely to Encounter Negligence?

In the UK, according to data from the Department of Work and Pensions, there are around sixteen million disabled people.

Each of these might interact with the health service, and be dependent on a network of carers and other support staff, to an extent that the average non-disabled person might not experience. 

Since each of these interactions will present an opportunity for negligence, it follows that disabled people might be at greater risk of negligence. On the other hand, the complex needs of some disabled people might make life more difficult for those providing the care – which means that any lapses might not technically amount to negligence. 

Understanding Negligence in Disability Care

Negligence occurs when the standard of care provided falls below that which might be expected from a competent member of a given profession, or organisation. So, if a carer fails to change a soiled bedsheet, they might fairly be described as negligent – since this is something all carers should be able to deal with. 

Analysis of statistics by the Care Quality Commission found that around 194 care homes in the UK qualify as ‘inadequate’. Negligence in these environments might stem from mismanagement of medicine, poor cleanliness, and staff who aren’t adequately trained.

Barriers to Accessing Quality Healthcare

Many of the barriers for disabled people are systemic. The most obvious example might be a healthcare facility that lacks wheelchair access. But sometimes, the barriers might be more subtle. Disabled people might face unconscious discrimination because staff members at a given facility haven’t been trained to care for their needs. For example, appointments might be booked on the third floor of a building where ground-floor rooms are available.

Legal Protections and Challenges

Disabled people in the UK enjoy several kinds of legal protection – but these can, in many cases, be beneficial only when appropriate legal action is undertaken. The Equality Act 2010, which incorporates parts of the Disability Discrimination Act 1995, introduces the concept of ‘discrimination arising from disability’. Similarly, disabled people are entitled to the same medical negligence compensation as everyone else – but only if they have access to the legal representation required to extract it.

Impact on Quality of Life and Well-being

Negligence, by definition, has a significant impact on the quality of a disabled person’s life. Where no harm is suffered, medical negligence cannot be said to have occurred. In some cases, this impact is serious, and steps will need to be taken to correct them. This might mean, for example, modifying a home to make it easier for a disabled person to navigate. These costs can be recouped with the help of the right legal claim, which might extract damages from the responsible party.

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