What Counts as Medical Negligence?
Posted on: January 9th, 2026
When medical treatment goes wrong, it can be difficult to know whether the outcome was
unavoidable or whether mistakes were made that should not have happened. Many people
ask the same question: what is medical negligence, and when does it justify taking legal
action?
Understanding what counts as medical negligence can help you recognise whether you may
be entitled to make a claim and seek the support you need.
What Is Medical Negligence?
Medical negligence occurs when a healthcare professional provides care that falls below the
standard expected, and that failure causes harm to the patient. Not every poor outcome is
negligent - medicine is complex, and some treatments carry risks even when delivered
correctly.
For medical negligence claims to succeed, certain key elements must be proven:
● The care provided was below an acceptable medical standard.
● That substandard care directly caused avoidable injury or worsened an existing
condition.
Healthcare professionals owe patients a legal duty of care. When that duty is breached and
results in harm, medical negligence may have occurred.
How Is the Standard of Care Assessed?
To determine whether negligence has taken place, the standard of care is measured against
what a reasonably competent medical professional would have done in the same
circumstances. Independent medical experts are usually instructed to assess whether the
treatment or decision-making fell below this expected standard.
If another competent professional would have acted differently and avoided the harm, this
may support a medical negligence claim.
Common Examples of Medical Negligence
There are many situations where medical negligence can arise. Some of the most common
examples of medical negligence include the following:
Misdiagnosis or Delayed Diagnosis
Failing to diagnose a condition correctly or in a timely manner can allow an illness to
progress unnecessarily. Delayed diagnosis of cancer, infections, or serious conditions can
significantly affect treatment options and outcomes.
Incorrect Treatment
Providing the wrong treatment, medication, or dosage can cause further complications. This
may include prescribing medication a patient is allergic to or failing to follow established
treatment guidelines.
Surgical Errors
Mistakes during surgery can have long-lasting consequences. Examples include operating
on the wrong area, leaving surgical instruments inside the body, or causing avoidable
damage to surrounding organs.
Poor Aftercare or Follow-Up
Negligence does not always occur during treatment itself. Failing to monitor recovery,
recognise complications, or provide appropriate aftercare can also amount to medical
negligence.
Errors During Childbirth
Medical negligence claims can arise from failures during pregnancy, labour, or delivery. This
may include failing to respond to signs of foetal distress or delays in performing emergency
procedures.
What Does Not Count as Medical Negligence?
It is important to understand that not all medical outcomes will justify a claim. Medical
negligence does not include:
● Known risks that were explained and accepted before treatment
● A reasonable difference of medical opinion
● Situations where harm occurred despite appropriate care being provided
The key factor is whether the care fell below the expected standard and caused avoidable
harm.
Time Limits for Medical Negligence Claims
In most cases, medical negligence claims must be brought within three years. This time limit
usually starts from the date the negligence occurred or from when you first became aware
that your injury may have been caused by negligent treatment.
Different rules apply for children and individuals who lack mental capacity, so it is always
advisable to seek legal advice as soon as possible.
Why Medical Negligence Claims Matter
Medical negligence claims are not about blaming healthcare professionals unnecessarily.
They exist to ensure accountability, improve standards of care, and provide injured patients
with access to compensation and rehabilitation.
For many people, a successful claim can help cover the cost of ongoing treatment, support
services, loss of income, and necessary lifestyle adaptations following injury.
How Atha & Co Can Help
At Atha & Co, we understand how distressing it can be to question the care you received.
Our team approaches medical negligence claims with sensitivity, clarity, and
professionalism, ensuring clients fully understand their options from the outset.
We carefully assess each case, obtain independent medical evidence, and provide honest
advice about the likelihood of success. Our focus is always on achieving the best possible
outcome while supporting clients through what can be a challenging process.
Taking the Next Step
If you are unsure whether your experience counts as medical negligence, speaking to a
specialist solicitor can provide clarity and reassurance. Understanding what is medical
negligence is often the first step towards securing the support and answers you deserve.
With the right guidance, medical negligence claims can help you move forward with
confidence and peace of mind.
Choose the one you know.
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