The NHS has announced this week that hospitals in England will be offered funding to introduce Martha's rule - a system giving seriously ill patients easy access to a second opinion if their condition worsens.

How did Martha’s Rule come about?

The new rule is being launched following the death of Martha Mills, back in 2021. The 13-year-old girl developed sepsis in hospital after initially being admitted with a pancreatic injury.

Despite, Martha’s family’s raising concerns about her deteriorating condition, they reported that they were ignored. In 2023 a coroner ruled that Martha would probably have survived had she been moved to intensive care earlier.

This case, along with others related to the management of deterioration, prompted the Secretary of State for Health and Social Care and NHS England to make changes. Therefore, the idea of Martha’s Law came about.

When will Martha’s Rule be implemented and what hospitals will be involved?

The funding for hospitals coming from Martha’s Rule will begin in April 2024. The introduction of the new scheme will be phased, with more and more hospitals adapting to the rule as time goes on.

To start, as from April, at least 100 hospitals will initially be able to apply to participate in the scheme. The hospitals can apply to participate by filling out an expression of interest document. Those taking part in the first phase must have an existing 24/7 critical care outreach infrastructure. 

What does Martha’s Rule involve?

According to the NHS website, the three proposed components of Martha’s Rule are:

1. All staff in NHS trusts must have 24/7 access to a rapid review from a critical care outreach team, who they can contact should they have concerns about a patient.
2. All patients, their families, carers, and advocates must also have access to the same 24/7 rapid review from a critical care outreach team, which they can contact via mechanisms advertised around the hospital, and more widely if they are worried about the patient’s condition. This is Martha’s Rule.
3. The NHS must implement a structured approach to obtain information relating to a patient’s condition directly from patients and their families at least daily. In the first instance, this will cover all inpatients in acute and specialist trusts.

Speak to an expert

If you've suffered from medical negligence, we urge you to seek expert advice as early as possible. Our friendly, compassionate Medical Negligence specialists are here for you. Reach them on 0151 601 5362, or make an enquiry today.