Being the victim of medical negligence can have dire long-term consequences and leave you with a feeling of being betrayed or let down. But why is it so bad? What can you do about it from a legal standpoint, and how can taking legal action help rebuild your life?
What Is Medical Negligence?
Medical negligence is when a healthcare professional provides substandard quality of care, which directly causes a patient harm or worsens an existing condition.
For an act to be considered medical negligence, there must be a breach of the duty of care that’s owed to patients, and the patient must have suffered avoidable harm as a direct result.
What is Medical Malpractice Negligence?
Medical malpractice negligence occurs when a healthcare professional provides a substandard level of care that causes a new injury or worsens an existing condition.
While it’s similar to general medical negligence, the key difference lies in intent. Medical malpractice negligence involves an action taken knowingly or deliberately, whereas medical negligence usually results from a mistake or oversight rather than purposeful harm.
In simple terms, medical negligence is typically accidental, while medical malpractice suggests the professional acted with awareness of the potential harm their actions could cause.
Types of Medical Negligence
Missed or delayed diagnosis
One of the most common types of medical negligence is missed or delayed diagnosis, and this is not surprising. When dealing with a healthcare professional, you expect any issues or conditions to be diagnosed in a timely and correct manner. Failing to correctly identify a condition or taking too long to do so can result in worsening of health, including issues as severe as a delayed cancer diagnosis.
Providing Wrong Treatment or Mistreatment
When a healthcare professional has a duty of care towards you expect to receive appropriate and correct treatment. So, receiving the wrong treatment, or treatment that does not adhere to the appropriate standard, is considered medical negligence.
Failing To Refer To A Specialist
Sometimes, it isn’t what the healthcare professional does, it’s what they don’t do. If a healthcare professional doesn’t refer you to a specialist when needed, it can be considered medical negligence.
Prescription Errors
Prescription medication is one of the most important parts of any healthcare journey, so if prescriptions are wrong, be it through the wrong medication or incorrect dosage, it is considered medical negligence.
Foreign Objects
If surgical instruments or other foreign items are left inside your body after a procedure, this is considered medical negligence.
Anesthesia Errors
Mistakes involving anaesthesia can have serious consequences. If the wrong amount is given, or it’s administered incorrectly, patients may experience dangerous complications, or in rare cases, even become conscious during surgery.
Birth Injuries
Birth injuries can affect both mothers and babies when medical professionals fail to act quickly or appropriately during pregnancy or delivery. For example, delaying a necessary C-section or mismanaging labour can lead to preventable harm.
Nursing Negligence
Nursing negligence occurs when patients in hospitals or care homes don’t receive the attention they need. This can include failing to prevent bedsores, infections, or falls, all of which can cause unnecessary pain and prolonged recovery.
Dental Negligence
Dental negligence involves errors made during dental treatment. Common examples include incorrect procedures, damage to nerves, or misdiagnosing a dental issue, all of which can lead to lasting discomfort or the need for corrective work.
Poor Hygiene
Correct and appropriate hygiene is always expected when receiving medical treatment, so if poor hygiene is exhibited (e.g. through unsterilised instruments) this can lead to infection, which is a form of medical negligence.
Surgery on the Wrong Body Part
If you have received surgery on an incorrect body part, this is considered medical negligence.
Organ or Nerve Damage
Organ or nerve damage can occur when internal tissues are accidentally injured during a medical procedure. In some cases, the damage isn’t immediately recognised, which can delay treatment and lead to long-term complications or ongoing pain.
Common Surgical Mistakes
Wrong-Site or Wrong-Patient Surgery
Operating on the wrong limb, organ, or even the wrong patient due to identification or procedural failures.
Unnecessary or Incorrect Procedures
Carrying out surgery that was not medically required or performing the wrong operation entirely.
Retained Surgical Items
Leaving instruments, swabs, or other surgical materials inside the patient’s body, leading to pain, infection, or further surgery.
Anaesthetic Errors
Incorrect anaesthetic dosage or inadequate monitoring during surgery, which can cause severe complications or distress.
Nerve or Organ Damage
Accidental injury to nerves or internal organs during a procedure, sometimes causing long-term or permanent issues.
Infections
Poor hygiene practices or inadequate sterilisation, resulting in post-operative infections.
Post-Operative Negligence
Failure to monitor the patient properly or provide appropriate aftercare, allowing complications to develop unnecessarily.
Lack of Informed Consent
Not fully explaining the risks, benefits, and alternatives before surgery, leaving the patient unable to make an informed decision.
Proving Medical Negligence
To succeed in a medical negligence claim, you must show that a healthcare professional breached their duty of care and that this breach directly caused avoidable harm. This is typically proven using:
- Medical Records: Detailing your diagnosis, treatment, and how the error occurred.
- Expert Evidence: Independent medical experts assess whether the standard of care fell below what is reasonably expected.
- Witness Statements: From you, family members, or anyone else who observed the negligence or its effects.
- Timeline of Symptoms: Showing how your condition worsened following the negligent act.
If the evidence demonstrates that the care you received was below an acceptable standard and directly led to your injury or deterioration, you may be entitled to compensation.
Will Claiming Affect Treatment?
Making a medical negligence claim should not affect your treatment. Your care must always be based on medical need, not whether you are pursuing legal action. Healthcare professionals are required to treat you safely and fairly, and it is extremely rare for a claim to impact the care you receive.
What Does “Causation” Mean In Medical Negligence?
“Causation” refers to proving that the negligent act directly caused your injury or made your condition worse. In other words, it’s not enough to show the care was below standard; you must also show that this breach resulted in avoidable harm. Establishing causation usually involves medical records, expert reports, and a clear timeline of symptoms.
Do You Need To Go To Court For Medical Negligence?
Most medical negligence claims do not go to court and are settled through negotiation. You would only need to attend court if the healthcare provider disputes responsibility or the value of the claim. Even in those cases, your solicitor will handle the process for you and guide you every step of the way.
Medical Negligence Payouts
Medical negligence payouts can vary widely, with average settlements around £50,000 according to NHS Resolution. The exact amount depends on factors such as injury severity, recovery time, financial losses, and the long-term impact on quality of life. Compensation can range from £1,000 for minor harm to millions of pounds in cases requiring lifelong care.
Key factors that influence payout amounts include:
- Severity of the injury: Physical and emotional impact.
- Recovery time: Longer recovery usually means higher compensation.
- Financial losses: Lost earnings, future care costs and medical treatment.
- Effect on daily life: How the negligence has changed a person’s independence and well-being.
Typical payout ranges:
- Minor injuries: £1,000–£20,000
- Moderate injuries: £20,000–£80,000
- Severe injuries: Up to £493,000 (e.g., significant brain damage)
- Very severe cases: £1 million+ for lifelong support needs
Payouts are guided by the Judicial College Guidelines, but every case is assessed individually. Claims can take 18 months to several years, depending on complexity, and success relies on clear evidence that the harm was caused directly by a breach of duty of care.
Contact Us For Medical Negligence and All of Your Legal Needs
If your treatment has gone wrong and you’re left dealing with the consequences, we’re here to support you. Our medical negligence specialists will listen, advise, and fight for the justice and financial security you deserve. Contact The Claims Partnership today for a free, confidential conversation about your case. We have years of experience in the legal industry, and we are sure we will be able to help you out.