Medical negligence is when a healthcare professional provides treatment that falls below the standard of care patients are entitled to expect, and this causes avoidable harm.

That may sound straightforward, but it often raises important questions. What counts as the “expected standard”? What do we mean by “avoidable harm”? And how do you tell the difference between a treatment that simply didn’t work and an act of medical negligence?

These distinctions matter because if you’ve suffered harm as a result of medical negligence, you may be able to claim compensation. This can help you with your recovery, cover financial losses, and provide support for the pain and suffering that should never have happened.

In this guide, our specialist medical negligence solicitors explain what is classed as medical negligence, share examples, and outline how you can find out if you have a claim.

When can you make a medical negligence claim?

Medical negligence – sometimes called clinical negligence – happens when a medical professional fails to meet the standard of care that patients have the right to expect. If that failure causes you avoidable harm, you may be entitled to claim compensation.

It’s important to remember that not every unsuccessful treatment amounts to negligence. For example, a doctor might recommend surgery with only a 50% chance of success, and explain that the risks include a chance of losing your eyesight. If you consent to the operation with that knowledge, and the surgery doesn’t work, this wouldn’t usually be classed as negligence.

On the other hand, if you weren’t warned about the risks, or were told the procedure was guaranteed to succeed, then losing your eyesight could be considered negligent. In that situation, you weren’t given the chance to make an informed decision about your care.

As these examples show, medical negligence claims depend on the specific details of each case. The best way to find out if you have a claim is to speak with a specialist solicitor. At Switalskis, we offer free initial advice. We’ll listen to your experience, explain whether you may be entitled to claim, and guide you through the next steps.

Examples of medical negligence

There are many different ways medical negligence can occur. Below are some common examples, but even if your experience isn’t listed, you may still have grounds for a claim.

Misdiagnosis, delayed diagnosis and delays in treatment

When symptoms are missed, ignored, or not properly investigated, conditions can worsen unnecessarily. A misdiagnosis can lead to the wrong treatment, while delays in diagnosing or treating a condition can have devastating consequences. If this happened to you, you may be able to bring a claim.

Surgical errors

Surgical mistakes can have life-changing effects. Operating on the wrong body part, leaving surgical tools inside the patient, or carrying out surgery that wasn’t necessary are all examples of negligence. Mistakes in cosmetic surgery may also lead to compensation claims if avoidable harm was caused.

Medication errors

Doctors and pharmacists must take care when prescribing medication. This includes choosing the right drug and dosage, checking for allergies, and explaining possible side effects. If these checks are missed and you’re harmed as a result, this may be medical negligence.

Anaesthesia mistakes

Anaesthesia must be managed with extreme care. Too much can cause long-term health problems, while too little can mean a patient is awake or in pain during surgery. This is not only harmful but can be deeply traumatic. Doctors must also monitor patients throughout the procedure and consider their medical history. Failures in these areas may lead to a claim.

Infections

Hospitals and clinics must maintain strict hygiene standards to protect patients. If sterile conditions aren’t upheld, infections can develop. These can slow recovery, cause lasting harm, or even be life-threatening. If you or a loved one developed an infection because proper precautions weren’t taken, you may be entitled to compensation.

Birth injuries

Failures in maternity care can have devastating effects for both mother and baby. Examples include:

• Incorrect use of delivery tools, causing injury.
• Failing to perform an emergency caesarean section when needed.
• Missing serious symptoms during pregnancy or labour.
• Negligent monitoring of mother or baby during childbirth.

These errors can sometimes lead to long-term conditions such as cerebral palsy. Alongside our medical negligence team, Switalskis has a specialist team dedicated to supporting families through cerebral palsy claims.

Lack of informed consent

Before any treatment, patients must be fully informed of the risks, benefits and alternatives so they can make the right choice for them. If you weren’t given this information, or were pressured into treatment, this may be negligence.

How can I find out if I have a claim?

Every case of medical negligence is different, which is why it’s important to seek advice. At Switalskis, our medical negligence solicitors have helped many people navigate the claims process. In many cases, we can achieve a settlement without going to court.

We’ll make the process as straightforward as possible, so you can focus on your health and recovery.

Speak to our specialist team today on 0800 138 0458 or get in touch through our website . We’ll listen to your story, explain your options, and let you know if you have a claim for compensation.