As our friends at Shine celebrate the charity’s 60th anniversary, that means 60 years of people with hydrocephalus and spina bifida potentially experiencing negligent medical treatment.
In this article, we’ll look at how medical negligence has changed in the UK during that time, and whether patients now can feel safer and more secure than they did in 1966.
What’s different for hydrocephalus and spina bifida patients affected by medical negligence in 2026?
The short answer is that there has been a big shift from the law and our healthcare system being mainly doctor-led, to a much stronger focus on patient safety, openness and patient choice.
Put simply, patients today have a stronger voice than they did 60 years ago.
From “doctor knows best” to patient-centred care
In the past, the law gave a lot of weight to what doctors thought was right. This came from a case called Bolam v Friern Hospital Management Committee.
This meant that if a group of doctors agreed that a treatment was acceptable, it was unlikely to be seen as negligent, even if things went wrong. Patients had limited say, and it could be very difficult to challenge care.
Over time, the courts started to question this approach. It became clear that just because something is accepted practice does not always mean it is safe.
This was an important step for patient safety. It helped shift the balance so that care can be challenged where needed and not just accepted because it is common.
Patients now have the right to make informed choices
A major change came with the case of Montgomery v Lanarkshire Health Board.
Before this, doctors often decided what risks to tell patients about. Now, the law says patients must be told about risks that would matter to them, as well as any reasonable alternatives.
This goes beyond just giving patients more information, and is focused on creating understanding of what will happen to them during treatment, and why it’s being done. Patients now have a much clearer right to make decisions about their own medical care, and to do that, they need to understand.
This also links directly to safety, making patients better able to ask questions, spot concerns and be involved in decisions about their care.
A more open and honest healthcare system
There is now much closer monitoring of hospitals and healthcare providers. Organisations like the Care Quality Commission inspect services and make sure standards are being met.
This helps improve safety and gives patients more confidence in the care they receive.
There is also now a duty of candour, which means healthcare providers should be honest if something goes wrong, explain what happened and say what will be done to stop it happening again.
In the past, mistakes were not always handled openly. Today, there is much more focus on learning from errors, which is key to improving patient safety.
Better records and clearer evidence
Medical records have improved a lot over the years. Old handwritten notes have largely been replaced by digital systems.
This makes it easier to understand what happened in someone’s care. It helps patients get answers and identify where things may have gone wrong.
Clear records also support better care going forward, as patterns and risks can be spotted more easily.
Medical negligence claims are more affordable for all
It is now easier for people to bring a medical negligence claim than it used to be. No win no fee agreements mean that many people can take legal action without paying upfront, which means people who might have been unable to afford the cost of a claim can still take legal action.
This has helped more families get answers and, where appropriate, compensation.
However, claims are still complex. Not every bad outcome is caused by negligence, and each case depends on the facts and medical evidence.
Medicine better understands the long-term impact of negligent treatment
There is now greater awareness of how serious medical mistakes can be, especially when they affect children or cause brain injuries.
Claims today often look at long term care, support needs and quality of life. This reflects a better understanding that the impact of negligence can last a lifetime, and of the costs that come with it.
The growing role of patient voices
Patients and families are now more informed and more willing to speak up. Charities like Shine have played a big part in helping this to happen.
They provide support, share information and help people understand their rights. This has helped change the culture of healthcare so that patient experiences are taken more seriously.
Technology has improved care, but brings new risks
Medical advances have saved lives and improved treatment. But they can also bring new risks.
At the same time, technology such as scans, digital records and data systems can help spot problems earlier and make care safer.
The challenge is making sure that safety keeps up with new developments.
What does this mean for today’s patients affected by negligent treatment?
Medical negligence is still a complex area, but the overall direction is clear. The system is more open, more accountable and more focused on patients.
Patient safety and patient choice are now at the centre of how care should be delivered.
Looking ahead
As Shine marks 60 years, it is clear that a lot has changed for the better. Patients, including those affected by hydrocephalus and spina bifida, have stronger rights, better information and a louder voice.
There is still more to do, especially in making sure everyone can access justice and that care is consistently safe, but the progress over the last 60 years shows a clear move towards a safer, more transparent and more patient-focused system. For patients and families, that can mean the difference between justice and compensation, and struggling to provide care without support.