Medical negligence can have serious consequences – from causing an inability to work or look after yourself to permanent injury – and it often affects people at their most vulnerable. When a healthcare professional provides substandard care that leads to physical injury, emotional distress, or avoidable illness, it may be possible to bring a medical negligence claim.

Examples of medical negligence can take many forms. These issues can arise in any medical setting, such as a GP surgery to a hospital emergency department. In some cases, negligent medical care affects a person’s everyday life for years to come.

In this guide, we will explore some of the most common medical negligence examples, why they occur and how they can affect patients. We will also provide guidance on what you can do if you believe you have been subjected to negligent treatment at the hands of a medical professional.

What Is Medical Negligence?

Medical negligence - also known as clinical negligence - refers to substandard care provided by a healthcare professional that directly causes injury or worsens a person’s medical condition. For it to be classed as negligence, there must be a clear breach in the duty of care that a medical professional owes to all patients which results in harm that would not have occurred if proper care had been given.

This can involve a wide range of actions or failures, from incorrect diagnoses and surgical mistakes to poor aftercare or a lack of informed consent before treatment. The standard of care is judged based on what a competent professional in the same field would reasonably have done at the time.

Negligent medical care can lead to serious consequences, both physically and emotionally. People may require further treatment, experience long-term pain or disability, or be unable to work or carry out everyday tasks.

To read more about what medical negligence is and how it may affect you, take a look at our comprehensive guide on the definition of medical negligence, and our guide on how to prove medical negligence claims.

The Most Common Forms of Medical Negligence

Medical negligence can take many forms, depending on the setting, the condition being treated, and the type of error involved. Below are some of the most common examples of medical negligence cases that may lead to a claim.

Misdiagnosis or delayed diagnosis

Incorrect or delayed diagnosis is one of the most common examples of medical negligence. A delayed diagnosis of cancer, for instance, can prevent early medical treatment and reduce the patient’s chance of recovery as well as worsen their long term prognosis. 

Diagnosing the wrong condition may lead to inappropriate medication or procedures, while the actual illness remains untreated. Conditions such as a DVT or pulmonary embolism, spinal conditions and some heart conditions can all be missed if proper medical assessments - such as scans or correct clinical assessments - are not carried out or interpreted correctly. These cases often involve serious consequences, both physically and emotionally.

Pregnancy and birth injuries

Clinical negligence during pregnancy or childbirth can have life-altering effects. Common examples include failing to monitor the baby’s heart rate, delaying an emergency caesarean section, or not acting on clear signs of the baby’s distress. In some cases, these failures result in conditions such as cerebral palsy or other forms of brain injury. Medical professionals involved in maternity care must be trained to recognise risks and respond quickly – failures in this area can cause profound physical disability and needs a specialist clinical negligence solicitor to review and advise on a potential case.

Neonatal or paediatric injuries

Failure to correctly manage a baby in the immediate period after they are born, known as the neonatal period, can also be the basis of a medical negligence case. This can include the failure to act upon signs of jaundice, which left untreated can cause brain damage known as kernicterus. It can also include failure to act upon low blood sugar levels or issues with feeding, which can lead to brain damage caused by very low blood sugar, known as hypoglycaemia. These conditions can lead to long-term and far-reaching consequences for a child, and need to be carefully investigated.

Additionally, there can be cases where concerns about a child’s health are not acted upon, such as signs of meningitis or infection. These are complex cases as GPs and other primary healthcare professionals, such as nurses or doctors in paediatric A&E or out-of-hours services, need to be aware of symptoms which are of more concern and should be acted upon urgently. There is also a crucial importance to listening to parents’ concerns and insights into changes in their child.

Failure to obtain informed consent

Before undergoing any surgical procedure or complex treatment, patients must be informed of the potential risks, benefits, and alternatives to enable them to make a choice and decision about their treatment. If a healthcare professional fails to obtain proper consent, or if the patient lacks mental capacity and no steps are taken to assess this or involve a decision-maker, this can amount to clinical negligence. For example, undergoing a treatment which you would have refused if you had known the risks may form the basis of a medical negligence compensation claim.

Surgical errors

Surgical negligence covers a wide range of failings in care before, during or after a surgical procedure. This may include consideration of how the procedure was done, whether the risks of a procedure were correctly considered when advising on this or whether radiology was correctly reviewed before a procedure Such errors can result in serious physical injury, long-term pain, psychological injury, and the need for further procedures.

Medication errors

Administering the wrong medication or an incorrect dosage can lead to serious harm, as can the failure to provide medication or delays with provision of certain medication. Prescribing errors may include failing to review medical records, overlooking potential drug interactions, or mislabelling medication. You would need to prove that the medication had been incorrectly provided (and this was substandard practice) and, crucially, that this has had an impact on you, to bring a claim. 

Anaesthesia

Mistakes involving anaesthetic management - such as incorrect dosage, poor monitoring, or failure to check the patient’s history - can lead to complications ranging from allergic reactions to cardiac arrest. In rare but traumatic cases, a person may remain aware during surgery, experiencing pain and panic without the ability to move or speak. These cases will require expert evidence from an independent medical professional to prove what went wrong.

Hospital infections and hospital-acquired injuries

Hospitals must take strict measures to prevent infections and protect patient safety. Poor hygiene, inadequate cleaning, or understaffing can lead to hospital-acquired infections, which may cause further illness or delay recovery. Examples of negligent medical care in hospital settings include falls, bedsores (pressure ulcers), and failure to prevent blood clots. These injuries can worsen an existing medical condition or create new risks entirely, particularly in vulnerable patients.

Negligent care

Negligent treatment does not always involve a single event - it can include an ongoing failure to provide appropriate care. This may involve not monitoring a patient’s condition, ignoring changes in symptoms, or failing to escalate concerns to senior staff. For example, if a patient’s deteriorating health is not acted upon, the delay in treatment could result in avoidable harm. Failures in basic care can occur across various healthcare providers, from GP practices, hospitals and care homes. This also can be very relevant in children’s cases where parental concerns are not acted upon. 

You can learn more about the most common medical negligence claims by area of specialism by looking at our breakdown of recent NHS claims data.

What Are My Options if I Experience Medical Negligence?

If you believe you have experienced negligent treatment, you may be able to bring a medical negligence compensation claim. This process involves showing that a healthcare professional or provider breached their duty of care, and that this directly caused harm. The impact could be physical, emotional or financial - and in many cases, it affects a person’s ability to work or manage everyday life.

A medical negligence claim involves gathering evidence such as medical records, witness statements, and expert evidence from an independent medical professional working in the same field. Claims may relate to missed diagnoses, poor surgical outcomes, negligent care on hospital wards, or lack of informed consent before treatment.

There are time limits for making a claim, so it’s important to act as soon as possible. In most cases, the time limit is three years from the date of the negligence - or from when you first became aware that your injury may have been caused by negligent medical care. The time limits are different in children’s cases, running from three years after they turn 18; the deadline does not apply if someone is deemed not to have mental capacity to bring a case. However, we would always recommend seeking legal advice as soon as possible, as recollection of events can fade and this may be crucial in proving the case. 

In most cases, if there is supportive expert evidence, claims are resolved without court proceedings, but others may go to court if an agreement cannot be reached. Compensation can help with, financial losses such as lost income, and the cost of further treatment or care. This can also assist with the costs of items of equipment and purchase of a suitable property dependant on the individual’s needs. 

For a full explanation of how the claims process works, including what evidence is needed and what to expect at each stage, read our guide to the medical negligence claims process.