Martha’s Rule should now be effective across every hospital in England.
The rule is named in memory of 13-year-old Martha Mills who tragically died after her parents’ concerns about her care were not acted upon and gives patients, families, and NHS staff the right to request a second opinion if they feel something is wrong with the care being proposed.
Since its trial rollout last year, Martha’s Rule has already been credited with saving potentially hundreds of lives. Families who might otherwise have been dismissed or ignored have been able to escalate concerns and ensure that another clinical team reviews the situation.
For those of us working in medical negligence, this is a welcome development as a recurring theme in many of our cases is that patients and their families often felt something was amiss, but their concerns were not listened to. Tragically, this can lead to catastrophic consequences, including avoidable injury or death.
By formalising the right to request a second opinion, Martha’s Rule empowers patients and carers, ensuring that their voices carry real weight. It also creates an additional safeguard for NHS staff, giving them the ability to escalate concerns about colleagues’ decisions without fear of reprisal.
Of course, for the rule to be effective, awareness is key. Patients and families must know that they have this right, and hospitals must ensure the process for invoking it is clear and accessible. There are also resource challenges as second opinions require time and staffing, both of which are already stretched within the NHS.
Nevertheless, this reform represents a crucial step forward and while it cannot prevent every instance of substandard treatment, it offers a practical tool to reduce risk and ensure concerns are acted upon in real time.
If you or your family have been affected medical negligence, our team is here to support you. Contact our specialist medical negligence solicitors today.
