This April the NHS is to start implementing ‘Martha’s Rule’.

Martha Mills was admitted to hospital after injuring her pancreas in a cycling accident. Her condition deteriorated. Her parents were deeply concerned and repeatedly expressed their worry that she may have sepsis to the medical staff caring for Martha but their concerns were not taken seriously. Tragically, Martha died from sepsis. She was 13. At the inquest into her death the coroner ruled that Martha would probably have survived had she been moved to intensive care earlier.

After Martha’s death, her parents campaigned for the introduction of a right for patients and their families to seek an urgent independent clinical review of their or a loved one’s condition if they feel their concerns are not being listened to by the treating team. All patients, their families, carers and advocates will have round-the-clock access to a rapid review from a critical care outreach team. (A critical care outreach team, or CCOT, is a team of intensive care specialists who offer intensive care skills to patients being looked after outside the intensive care unit – for example, on ordinary wards.) Information about how to request an urgent review is to be advertised around the hospital.

Although patients can already request second opinions on their treatment, and most doctors respect such requests, the new rule will give more power to the patient or their family, who will be able to trigger a second opinion directly. The Rule is being phased in, beginning with around 100 adult and paediatric hospitals which already have a critical care outreach facility.

Many of the enquiries which we receive about clinical negligence claims stem from the concerns of the patient not being listened to. It is to be hoped that the introduction of Martha’s Rule will make it easier for patients’ voices to be heard and will help prevent tragedies such as Martha Mills’s death.

The contents of this post do not constitute legal advice and are provided for general information purposes only.

The contents of this post do not constitute legal advice and are provided for general information purposes only