What is Classed as Medical Negligence?

Medical negligence is when a healthcare professional provides substandard care that causes harm to a patient. It can happen in hospitals, GP surgeries, dental clinics, or even at home if you are receiving care from a medical professional. If a doctor, nurse, surgeon, dentist, or any other healthcare provider makes a mistake or fails to provide the right care, and you suffer because of it, this could be classed as medical negligence.

If you have been affected by medical negligence, you might feel confused, frustrated, and unsure about what to do next. This guide will help you understand what medical negligence is, the different types, and how to take action if you believe you have a claim.

Understanding Medical Negligence

Medical negligence occurs when a medical professional:

Owes you a duty of care.
Breaches that duty by providing substandard treatment.
Causes harm or injury as a result of this breach.

All healthcare professionals have a responsibility to provide safe and effective care. If they fail to do so and their actions (or lack of actions) cause harm, you may have a case for medical negligence.

Examples of Medical Negligence

There are many ways in which medical negligence can occur. Here are some of the most common types:

Misdiagnosis or Delayed Diagnosis

If a doctor fails to diagnose an illness correctly or takes too long to diagnose a condition, the patient may not receive the treatment they need in time. This can make an illness worse or even lead to life-threatening complications. Examples include:

Diagnosing cancer too late, reducing the chance of successful treatment.
Mistaking a heart attack for indigestion and sending a patient home without proper care.
Failing to diagnose a fracture, leading to long-term pain and mobility issues.

Surgical Errors

Surgery is a complex medical procedure, and mistakes can have serious consequences. Some surgical errors that may be classed as negligence include:

Operating on the wrong part of the body.
Leaving surgical instruments inside a patient.
Performing unnecessary surgery.
Failing to properly monitor a patient during surgery, leading to complications.

Medication Errors

Taking the wrong medication or the wrong dose can be extremely dangerous. Common medication mistakes include:

Prescribing the wrong medication for a condition.
Giving a patient a drug they are allergic to.
Administering the wrong dosage, leading to overdose or ineffective treatment.
Failing to check for dangerous drug interactions.

Birth Injuries

The birth of a child should be a joyful experience, but negligence during pregnancy or childbirth can have devastating effects. Some examples include:

Failure to monitor the baby’s heartbeat, leading to distress and brain damage.
Delayed emergency caesarean section, causing harm to the mother or baby.
Improper use of forceps or vacuum extractors, leading to injuries.
Failure to diagnose and treat maternal infections or complications.

Failure to Obtain Informed Consent

Before undergoing any medical treatment or procedure, a patient must be given all the necessary information to make an informed decision. This includes:

Explaining the risks and benefits of the treatment.
Offering alternative treatment options.
Ensuring the patient understands and agrees to the procedure.

If a doctor performs a procedure without properly informing the patient of the risks, this could be medical negligence.

Hospital Negligence

Hospitals have a duty to provide a safe environment for patients. Hospital negligence can include:

Poor hygiene leading to infections such as MRSA.
Failure to monitor patients properly, resulting in worsening conditions.
Administering the wrong treatment due to staff errors or miscommunication.

How Do You Prove Medical Negligence?

Proving medical negligence is not always straightforward. To make a successful claim, you must show that:

The healthcare professional owed you a duty of care.
They breached this duty by failing to meet the expected standard of care.
You suffered harm as a result of this breach.
The harm led to physical, emotional, or financial loss.

You will need medical evidence, such as:

Medical records.
Expert opinions from independent doctors.
Statements from witnesses (such as family members who saw what happened).

What Can You Claim for in a Medical Negligence Case?

If you make a successful medical negligence claim, you could receive compensation for:

General Damages (for Pain and Suffering)

Physical pain caused by the negligence.
Emotional distress, anxiety, or depression.
Loss of quality of life (e.g., inability to work or enjoy hobbies).

Special Damages (for Financial Losses)

Medical expenses (treatment, therapy, rehabilitation).
Travel costs to medical appointments.
Loss of earnings if you are unable to work.
Cost of care (e.g., hiring a carer or home adaptations).

Time Limits for Medical Negligence Claims

In the UK, you usually have three years from the date of the negligence (or from when you first realised negligence occurred) to make a claim. However, there are exceptions:

Children: If the patient was under 18 at the time, the three-year limit starts from their 18th birthday.
Mental Capacity: If the person lacks mental capacity, there is no time limit unless they regain capacity.
Fatal Cases: If the negligence resulted in death, the family has three years from the date of death to make a claim.

How to Make a Medical Negligence Claim

If you believe you have suffered due to medical negligence, here’s what you should do:

Seek Legal Advice – Contact a solicitor who specialises in medical negligence claims.
Gather Evidence – Keep medical records, letters, and any documents related to your treatment.
Write a Complaint – If you are unhappy with NHS treatment, you can file a formal complaint before making a claim.
Claim Through a No Win No Fee Solicitor – Many solicitors work on a No Win No Fee basis, meaning you won’t have to pay upfront legal fees.

Final Thoughts

Medical negligence can have a devastating impact on your life. Whether it’s a misdiagnosis, a surgical error, or incorrect medication, you deserve to get answers and seek justice. Understanding what is classed as medical negligence can help you determine if you have a valid claim.

If you believe you have been a victim of medical negligence, don’t suffer in silence. Speak to a specialist solicitor who can guide you through the process and help you get the compensation you deserve. By taking action, you can not only secure financial support for your recovery but also help prevent similar mistakes from happening to others.

Need Legal Advice? If you want to find out if you have a case, contact a medical negligence solicitor for a free consultation today. They can assess your situation, explain your rights, and help you move forward.