What Is Medical Negligence? A guide to Medical Negligence

Medical negligence happens when a healthcare professional such as a doctor, nurse or surgeon provides care that falls below acceptable standards and causes avoidable harm. This can include errors in diagnosis, treatment or aftercare. Medical negligence is different from complications that can arise during treatment despite proper care – it involves mistakes that should not have occurred.

This blog outlines how healthcare professionals are expected to follow certain standards that mitigate risks of treatment and how those who’ve been affected by negligent healthcare can claim compensation for their suffering by consulting with medical negligence solicitors.

A surgeon’s duty of care throughout treatment

Surgeons are responsible for a person’s safety at every stage of their care. This includes reviewing the person’s condition, recommending the right course of action, explaining the risks and alternatives, and performing the procedure to a competent standard. Their duty continues after the operation, when they must check recovery progress, identify any complications early, and provide suitable follow-up care. If a surgeon does not meet the standards expected at any point and this causes harm, it may be classed as medical negligence.

Examples of medical negligence

Medical negligence can happen in many areas of healthcare. Below are some of the most common examples based on specific fields of care:

Maternity care

Negligence during pregnancy, labour or after birth can lead to serious harm for both mother and baby. Examples include delays in responding to signs of foetal distress, failure to diagnose pre-eclampsia, incorrect use of forceps or ventouse delivery, or not arranging a caesarean section when medically necessary. Poor monitoring during labour or mistakes with medication can also cause preventable birth injuries.

Oncology

In cancer care, time is often a critical factor. Delays in diagnosis – such as failing to act on abnormal test results, not referring for further investigation, or misinterpreting scans – can result in the disease progressing when it might have been treated more effectively earlier. Errors can also happen during treatment, such as administering the wrong chemotherapy drug, failing to explain side effects or missing opportunities for palliative care support.

Surgical care

Mistakes during surgery can include performing the wrong operation, operating on the wrong site, or causing damage to nearby organs. In some cases, items such as sponges or instruments are left inside the body. Failures in surgical planning or follow-up can also lead to complications, such as infections or internal bleeding being missed.

Medication management

Medication errors may happen at any stage – prescribing, dispensing or administration. This includes prescribing drugs a person is allergic to, giving the wrong dose, or failing to check for interactions with other medicines. In older people, medication errors are more likely due to multiple prescriptions, and the consequences can include confusion, falls or hospital admission.

Diagnostic services

Negligence in diagnosis is not limited to the GP or hospital consultant – it can also involve radiologists, pathologists and other specialists. Failing to spot a tumour on a scan, misinterpreting blood results, or overlooking signs of infection can delay treatment and cause the condition to worsen. These types of errors can occur across many areas, including cardiology, neurology and emergency medicine.

Consent and communication

All healthcare professionals must explain the risks and benefits of any procedure or treatment clearly. If a person is not given enough information to make an informed decision and goes on to experience a complication they were not warned about, this may form the basis of a claim. This is relevant in many fields, from elective surgery to cancer treatment, and applies to both verbal discussions and written consent forms.

What evidence supports a claim?

To bring a claim, it’s necessary to show that the care provided was below the standard expected and that this directly caused harm. Evidence that may support a claim includes:

• Medical records: these provide a detailed account of diagnoses, treatments, and any actions taken by healthcare professionals.
• Appointment notes: notes made by GPs, consultants, nurses and other staff may help show what decisions were made and why.
• Test results: blood tests, scans, X-rays or other investigations may reveal whether opportunities for diagnosis or treatment were missed.
• Letters and discharge summaries: copies of correspondence between departments or with the patient can provide further insight into the care received.
• Expert opinions: independent medical professionals may be asked to review the case and assess whether the care fell short of accepted standards.
• Personal notes: keeping a record of symptoms, treatments and how daily life has been affected can help show the full impact of the negligent care.

What affects the value of compensation?

Compensation takes into account the ways in which negligent care has affected a person’s life. This includes:

• The severity of the injury: more serious harm may affect mobility, independence or long-term health.
• Financial loss: extra treatment, travel to appointments or equipment costs can be included.
• Loss of earnings: time off work, changes in role, or being unable to work at all can be considered.
• Pain and suffering: this covers physical discomfort, emotional impact and reduced enjoyment of daily activities.

How solicitors help with medical negligence claims

Clinical negligence solicitors advise whether there are grounds for a claim, explain the legal process and gather evidence to support the case. This includes requesting medical records, working with independent medical experts, and preparing detailed statements that show how the care fell below standard and caused harm.

They manage all communication with the healthcare provider, submit formal letters of claim, and respond to any defences raised. If the case goes to court, they handle the legal arguments and represent the person throughout.

Solicitors also help access interim payments in some cases where care or rehabilitation is urgently needed.

If you’ve experienced harm as a result of a healthcare professional’s failure to maintain their duty of care to you, you may be entitled to claim compensation for your suffering. Not only does pursuing a claim help you receive what you’re owed, you will also help to bring justice and prevent others from receiving the same sub-standard treatment.