What is Medical Negligence?

Table of contents

• When Should You Seek Legal Advice for Medical Negligence?
• Types of Medical Negligence
• How to Make a Medical Negligence Claim
• How Are Medical Negligence Claims Settled?
• How to Complain About Your NHS Treatment
   

When Should You Seek Legal Advice for Medical Negligence?

Whether the outcome of your surgery was not what you expected or you agreed to an invasive procedure without being fully informed about the risks, when suspicions arise about your treatment, you should seek legal advice to ascertain whether medical negligence has taken place. By discussing your experiences with a specialist solicitor, with the benefit of input from an independent expert, you can identify where your care providers failed to meet their legal duties and begin to assemble your case. 

The viability of your medical negligence claim will be assessed relative to the following three criteria:

1. Duty of Care

From your GP and surgeon, through to nurses and clinical support staff, anyone involved in your medical treatment owes you a duty of care relative to their position within their healthcare institution. When a claim is brought against the actions of a healthcare provider, the standard of care they provided is compared with the reasonable standard of care that should be expected of their level of expertise.

This legal standard is known as the ‘Bolam test’ and has been applied to negligence claims since the Bolam v Friern Hospital Management Committee case in 1957. While the Bolitho v City and Hackney Health Authority case in 1997 has since placed additional scrutiny on the actions of the accused healthcare provider, many medical negligence claims are unable to proceed if the actions of the accused are “in accordance with a practice accepted as proper by a responsible body of medical men skilled in that particular art.”

2. Breach of Duty of Care

To find your healthcare provider liable for breaching their duty of care, there must be evidence that they did something (‘an act’), or failed to do something (‘an omission’) that would be expected of a professional in their position. However, while an act or omission offers acceptable grounds to complain about your NHS treatment, you cannot bring a medical negligence claim for compensation unless you can also satisfy the third criteria below. 

3. Loss or Harm

For your medical negligence claim to be successful, you need to be able to demonstrate that the actions or omissions of your healthcare provider directly resulted in or materially contributed to harm, or are likely to cause future harm or complications. 
 

Types of Medical Negligence

Between April 2024 and March 2025, the NHS recorded 403 Never Events, which are serious yet preventable incidents that should not occur in any healthcare setting. The most common Never Events included wrong-site surgeries (injections, incisions, or amputations on the wrong part of the body), retention of foreign objects post-procedure and wrong implants or prostheses. However, many other types of negligence can also occur at any stage in your medical treatment.

We recommend that you seek legal advice if you have been subject to the following accounts of possible medical negligence:

• Your symptoms were diminished or overlooked by your GP or consultant, resulting in a delayed diagnosis.
• Your GP failed to refer you to a specialist doctor.
• Your GP or consultant requested the wrong investigations or misinterpreted the test results. 
• Your medical information was misplaced or incorrectly recorded.
• You were not adequately informed about the risks associated with your treatment and alternative treatment options were not discussed. 
• Your condition worsened due to your treatment being delayed or cancelled, forcing you to undergo a more serious procedure.
• You were prescribed the wrong medication or did not receive adequate support during your rehabilitation.

How to Make a Medical Negligence Claim

Many of our previous clients tell us that when they first felt that something had been lacking or inappropriate about their medical treatment, they were unsure what recourse they had to rectify their situation. Some claimants begin by making a complaint against their healthcare provider, but when this fails to improve their condition or provide them with closure, they are made to feel powerless to right the wrongdoing they have experienced. 

As soon as you suspect that you or someone close to you has been exposed to medical negligence, we advise that you get in touch with a specialist solicitor so that you can start the claims process. As the time limit for claims is three years from the date of your harmful treatment, or the date you realised your injuries were caused by the treatment, it is crucial to gain legal support with your medical negligence claim without delay. 

Following an initial consultation in which you outline your negligent treatment, your appointed representative will assist you with the collection of evidence in support of your claim. This evidence could include:

• Medical records: The clinical notes from your consultations with your GP and specialists should indicate whether you were properly informed about risks associated with your treatment, while any record of your procedure could illuminate any surgical mistakes or discrepancies.
• Independent medical opinion: Getting the opinion of an independent medical expert allows us to determine whether your treatment was below the expected standard of your healthcare provider.
• Photographic evidence: If you have been left with any visible swelling, scarring, discolouration or deformities, providing photographs taken before and after the events can offer a clear indication of the lasting impact of your negligent treatment. 
• Financial losses: From prolonged time off work, losing your job and being unable to gain further employment, to family members being forced to resign in order to provide full-time care to you, any financial losses related to your medical negligence could contribute to your claim. 

If you are making a claim on behalf of someone under the age of 18, or with reduced mental capacity who is incapable of managing their own affairs, you may need to sign a Certificate of Suitability to be appointed as their Litigation Friend. For the most part, acting as a Litigation Friend will not impact the claims process; however, any settlement agreed on behalf of the claimant will require additional approval from the Court.

 

How Are Medical Negligence Claims Settled?

While court proceedings may be inevitable in cases where the healthcare provider refuses to admit liability, you may be able to settle your medical negligence claim outside of court if you can reach an agreement on issues of liability and the amount of compensation you are being awarded. This may not only reduce the duration of the legal proceedings but also allow you to avoid the stress of a hearing in court. 

The amount of compensation you are entitled to claim is calculated by evaluating the extent of your injuries and how they may affect your future quality of life and career opportunities. Any financial losses you incurred after your negligent treatment will similarly be taken into account, as will the cost of any corrective surgeries or further treatment, such as antibiotics for infection or therapy for mental trauma.

 

How to Complain About Your NHS Treatment

You are under no obligation to pursue a complaint against your healthcare provider while seeking financial compensation; however, many of our clients make a point of registering a complaint in the hope of preventing the same mistakes from being made in the future. Furthermore, by making a complaint before seeking advice from medical negligence solicitors, you may be able to learn more information about the situation, which can be used to support a compensation claim.

Complaints about treatment received in NHS hospitals are handled by the Patient Advice and Liaison Service (PALS) operating under their respective Trust. Following changes ushered in by the pandemic, the complaints procedure can vary from one Trust to the next, so we recommend contacting your hospital switchboard for more information.
 

Expert Medical Negligence Advice from Medical Solicitors

We hope that this article has provided some valuable insight into the claims process and that you feel more confident about when to seek legal advice for your medical negligence case. For more than three decades, our specialist lawyers have supported patients and families with their claims, holding healthcare providers accountable for their negligent practices and winning substantial compensation for our clients. 

For more help and advice with regards to your medical negligence claim, or to arrange an obligation-free consultation to discuss your case, please get in touch with us today to discuss your options.