ABSTRACT
Lack of resources or lack of facilities is never a defence to a claim for negligence. This may seem harsh when often resources can be outside the control of many health professionals. Care in the community, which is managed by social services, is subject to the National Assistance Act 1948. This Act makes it compulsory for the local authority to, for example, provide equipment or care where the need has been identified. A patient is entitled to an acceptable standard of care. Even in an emergency situation staff will be expected to prioritise appropriately to avoid harm to a patient arising. A patient is assessed as requiring three hours of physiotherapy a week. However, the Trust could only offer three hours a month due to lack of resources. In the current poor financial climate faced by the health service there is temptation to reduce costs by cutting back on staff and reducing beds. Cost cutting presents potential dangers to patients.
