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Read MoreWhat Is Clinical Negligence?
Every year, thousands of people receive medical treatment in the UK, and in the vast majority of cases, that treatment is delivered safely and effectively. However, there are occasions when medical care falls below an acceptable standard. When a healthcare professional fails to provide appropriate care and this failure causes harm, it may amount to clinical negligence, also referred to as medical negligence.
Clinical negligence claims can arise from mistakes made by doctors, nurses, dentists, midwives, GPs, hospitals, or other healthcare providers. These claims are designed to compensate patients who have suffered avoidable harm as a result of negligent medical treatment.
What Is Considered Clinical Negligence?
Clinical negligence occurs when a healthcare professional breaches their duty of care and causes injury, illness, or worsening of a medical condition. The standard applied is whether the care provided fell below that of a reasonably competent professional in the same field.
Not every poor medical outcome will amount to negligence. Medicine involves risk, and complications can occur even when care is appropriate. A claim arises only when harm is caused by care that should not reasonably have occurred.
Common Types of Clinical Negligence Claims
Clinical negligence can take many forms. Some of the most common types of claims include:
Birth injuries affecting either the mother or the baby, medication or prescription errors, misdiagnosis or delayed diagnosis, GP negligence, surgical errors, cancer-related claims, failure to obtain informed consent, dental negligence, negligent medical advice, and wrongful death claims.
Each category can involve a wide range of negligent acts, depending on the circumstances and the medical specialty involved.
Examples of Clinical Negligence
Birth Injuries
Birth injury claims may arise where medical professionals fail to act appropriately before, during, or after childbirth. This can include failure to properly monitor the mother or baby’s condition, or injury caused by not recognising when early medical intervention was required.
Surgical Negligence
Surgical negligence can involve serious and avoidable mistakes, such as performing the wrong operation, operating on the wrong body part, leaving foreign objects inside the body, damaging internal organs, infections caused by poor hygiene, cosmetic surgery resulting in scarring or disfigurement, or delays in surgery that lead to further injury.
Medical Misdiagnosis or Delayed Diagnosis
Misdiagnosis generally falls into two main categories: where a medical condition is completely missed and goes undiagnosed, or where an incorrect diagnosis is made. Both situations can result in delayed or inappropriate treatment, often leading to significant harm, particularly in cases involving cancer or serious infections.
Medication and Prescription Errors
Medication-related negligence claims often involve prescribing or dispensing the wrong medication, incorrect dosages, prescribing drugs that should not be taken together, or prescribing medication despite a known allergy. These errors can have severe and sometimes life-threatening consequences.
Negligent Medical Advice and Lack of Informed Consent
Healthcare professionals have a legal duty to explain the risks of a procedure and outline any reasonable alternative treatments available. This allows patients to make an informed decision about their care. If proper informed consent is not obtained and the patient suffers harm as a result, this may give rise to a clinical negligence claim.
What Must Be Proven in a Clinical Negligence Claim?
To succeed in a clinical negligence claim, several key legal elements must be established.
Negligence
The claimant must show that the healthcare professional owed a duty of care, that this duty was breached, and that the breach caused harm. In clinical settings, this duty is usually straightforward, as healthcare providers automatically owe a duty of care to their patients.
Causation
Proving causation is often the most complex aspect of a claim. It must be demonstrated that the breach of duty directly caused, or materially contributed to, the injury or worsening of the condition. It is not enough to show that something went wrong; there must be a clear link between the negligence and the harm suffered.
Medical Evidence
Strong medical evidence is essential in clinical negligence cases. This typically includes a detailed statement from the claimant, full medical records, and independent expert medical reports. These expert opinions are used to assess whether negligence occurred, whether it caused the injury, and the overall value of the claim.
How Advantage Solicitors Can Support You
If you believe you or a loved one may have been affected by clinical negligence, Advantage Solicitors are here to help. We understand how distressing medical negligence cases can be and provide clear, compassionate legal advice throughout the process.
If you are unsure whether your experience amounts to clinical negligence, we would be happy to listen and advise you on your options.
Advantage Solicitors
📞 0208 807 1676
Fidan Osoy
Director Solicitor
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