What is Medical Negligence?
Posted on: October 2nd, 2025
When we put our health in the hands of medical professionals, we trust them to provide safe,
accurate, and effective care. Most of the time that trust is well placed, but sometimes things
go wrong. When the treatment you receive falls below the standard expected of a competent
medical professional and this causes harm or injury, this is known as medical negligence.
Understanding what medical negligence is, and what steps you can take if you’ve been
affected, can make a difficult situation feel more manageable.
Defining Medical Negligence
At its core, medical negligence occurs when a healthcare professional - whether a GP,
surgeon, nurse, dentist or hospital trust - fails to meet their duty of care to a patient. This
failure can lead to avoidable harm, injury, or worsening of an existing condition.
It isn’t about blaming every mistake or poor outcome. Medicine can be complex, and not
every unfortunate result is due to negligence. A medical negligence claim only arises when
the treatment you received was substandard and directly caused you harm.
Common Examples of Medical Negligence
Medical negligence can take many different forms. Some of the most common include:
Misdiagnosis
Being given the wrong diagnosis, or a delay in diagnosis, can lead to serious consequences.
For example, if cancer is missed or not identified early enough, treatment options may
become limited, and the outcome could be far more severe.
Incorrect Treatment
Even with the right diagnosis, being given the wrong course of treatment can cause
unnecessary pain and suffering. This could include prescribing the wrong medication or
carrying out a treatment that wasn’t required.
Surgical Errors
Surgery carries risks, but negligence occurs when errors go beyond those accepted risks -
such as operating on the wrong site, leaving instruments inside the patient, or causing
unnecessary complications that could have been avoided with reasonable care.
Failing to Obtain Consent
Patients must be fully informed about the risks of any procedure before it goes ahead. If you
weren’t told about potential side effects or alternatives and harm occurs, this could amount
to negligence.
Poor Aftercare
Negligence isn’t limited to the moment of treatment. Inadequate aftercare, such as failing to
monitor a patient properly or not providing clear instructions, can lead to unnecessary injury
or complications.
The Impact of Medical Negligence
The consequences of medical negligence can be life-changing. Some people experience
short-term harm that requires extra treatment and time off work, while others are left with
permanent injuries or conditions that affect their quality of life. Beyond the physical, the
emotional toll can be significant, with patients often losing trust in the very systems meant to
protect them.
This is why a medical negligence claim is not just about financial compensation. It’s about
recognising the harm caused, accessing the treatment and support you need to recover, and
helping ensure similar mistakes are not repeated.
Making a Medical Negligence Claim
If you believe you’ve suffered harm as a result of medical negligence, it’s important to seek
advice from one of our specialist solicitors who understands this complex area of law.
Here’s what the process usually involves:
1. Initial Advice - A solicitor will talk to you about what happened, listen to your
concerns, and give you an honest view on whether you may have a claim.
2. Gathering Evidence - This often includes obtaining your medical records,
independent expert reports, and witness statements.
3. Establishing Negligence - Two key points must be proven:
○ The care you received fell below the standard expected.
○ This failure caused you harm or injury.
4. Negotiation or Court Proceedings - Many claims are resolved through negotiation
with the NHS or private healthcare provider’s insurers. In some cases, proceedings
may be issued, but most claims are settled before trial.
There is usually a three-year time limit from the date of the negligence (or from when you
first became aware of it) to start a claim, so seeking advice early is always recommended.
Why Specialist Advice Matters
Medical negligence cases are some of the most complex in personal injury law. They require
a deep understanding not only of legal principles but also of medical evidence. A specialist
solicitor can:
● Break down complex terminology and explain your options.
● Support you in accessing rehabilitation, counselling, or further treatment.
● Handle negotiations with the NHS or insurers on your behalf.
● Ensure that any compensation reflects not only the pain and suffering you’ve
endured, but also the financial impact such as lost income, care needs, or home
adaptations.
To Conclude
Medical negligence can leave patients and families feeling overwhelmed, betrayed, and
unsure of what to do next. While no amount of compensation can undo what has happened,
a successful medical negligence claim can provide the resources and support you need to
move forward.
Whether your case involves misdiagnosis, incorrect treatment, or surgical errors, what
matters most is that you are heard, supported, and guided through the process with clarity
and care.
At Atha & Co, we are here to listen and help you take the next step.
Choose the one you know.
�� Call Atha & Co today on 01642 222575