Common Clinical Negligence Cases

People place immense trust in doctors, nurses, midwives and surgeons to deliver safe and competent care. When mistakes happen and cause avoidable harm, delayed treatment or the need for further medical procedures, the effects are often long lasting and life altering.

Across England and Wales, members of the public make tens of thousands of medical negligence claims each year, covering almost every area of healthcare. At JMW, our specialist medical negligence solicitors work with individuals and families to understand what went wrong, obtain expert medical evidence and determine whether negligent treatment caused injury, disability or psychological harm. From there, we can support them to secure compensation that will cover the costs associated with negligent treatment and help them to move forward in their recovery.

This blog post explains the most common medical negligence cases our team investigates and how these errors can affect people’s health, independence and quality of life.

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 NHS medical negligence cases that may lead to a claim in England and Wales.

Surgical Negligence Errors

Surgical negligence can cause serious and often life-changing harm. This can cover a wide range of issues relating to surgery, from delays with surgery to management leading up to, during and after surgery. It can include episodes where there has been damage to nearby organs, which can have devastating consequences, especially if they are not detected and addressed immediately. It can also cover management after surgery and acting upon any ongoing symptoms, including considering further scanning or re-operating. 

People can also be affected when surgery is unnecessary or carried out using the wrong techniques. Cases can also arise relating to consent for surgery and whether this was properly taken. These failings can lead to long-term pain, disability or the need for further corrective procedures.

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.

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 neonatal medical negligence claim. 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.

Negligence in Care Homes

People living in residential or nursing care are particularly vulnerable. They rely on staff to protect their dignity, safety and wellbeing. Negligence in care homes can take many forms, from failing to prevent pressure sores or failure to act on health concerns, which can cause a delay in diagnosis and lead to injuries or worsening of their illness.

Emergency and Urgent Care Errors

Mistakes made in emergency and urgent care settings can change a person’s life within hours. When doctors or nurses fail to recognise stroke or heart attack symptoms, or delay essential blood tests and scans, critical treatment opportunities can be lost. Even a short delay in an emergency can mean the difference between recovery and lasting injury.

JMW’s medical negligence team has acted in many cases involving failings in emergency care in England and Wales, including missed diagnoses and incorrect assessments that have left patients with permanent disabilities. In one case, a man faced devastating consequences after doctors failed to properly assess symptoms of cauda equina syndrome. In another, a delay in diagnosing cancer of the gullet led to a much poorer outcome than if timely treatment had been administered.

Negligent Ongoing 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 can also be very relevant in children’s cases where parental concerns are not acted upon.

How Negligent Care Can Affect People and Their Families

The impact of medical negligence often extends far beyond the hospital or clinic. When negligent treatment or substandard care causes injury, the consequences touch every part of a person’s life, and often the lives of their loved ones too. Some people live with ongoing pain, reduced mobility or permanent disability. Others develop recognised psychological conditions such as post-traumatic stress disorder or anxiety, particularly after traumatic experiences like surgical errors or birth injuries.

The effects are rarely limited to the person who was harmed. Families may need to provide long-term care, adapt their homes, or cope with reduced income if a loved one can no longer work. These changes can bring lasting emotional and financial strain.

For the person seeking compensation for the pain and suffering they have endured, a medical negligence claim is often about more than financial recovery. It can also be about understanding what went wrong, coming to terms with what happened and having their experience properly acknowledged.

Making a Claim for Medical Negligence

While every medical negligence claim is different, they generally follow a similar process:

Initial conversation

You speak with one of our specialist medical negligence solicitors about what happened and how it has affected your everyday life. We will assess the merits of your case and discuss funding options, which usually include a no win, no fee agreement.

Gathering evidence

We obtain your medical records from the relevant healthcare providers and take a detailed account from you. We will then seek expert opinion from an independent medical professional in the correct area of expertise. Their report helps us assess whether there was a breach of the duty of care you were owed, and whether that breach caused avoidable harm.

Proving negligence

Using the records and expert evidence, we consider the legal tests for breach of duty and causation. We look at the injury or illness you experienced, the further treatment you needed, and any financial losses such as time off work or care costs. This forms the basis of your negligence claim.

Presenting the claim

We set out the allegations to the defendant, which may be a GP, NHS Trust or a private provider, and outline the impact medical negligence had on you. They have time to investigate and reply. Some cases work towards settlement prior to commencing the case in Court. Other cases require court proceedings to be commenced. If a case goes to court, we guide you through each stage and keep you updated throughout this process.

Time limits

There is usually a three-year time limit to start a claim, either from the date the negligence occurred or from when you first realised negligent care caused harm. Different rules apply if the person affected lacks mental capacity or is under the age of 18.

For more details on making a claim in England and Wales, visit our medical negligence claims process page.

What Compensation Can Cover

If your claim succeeds, clinical negligence compensation can reflect physical injuries, psychological injuries and financial impact. This may include past and future care needs, treatment expenses, adaptations and future loss of earnings where appropriate. We will explain how this is assessed and how any compensation will be paid once we understand the details of your case.

Q

What kinds of mistakes can lead to a clinical negligence claim?

A

Any situation where a doctor, nurse, midwife, surgeon or carer provides care that falls below an acceptable standard and causes avoidable harm may entitle you to make a compensation claim. This can include delayed diagnosis, surgical mistakes, incorrect medication or neglect in a care home.

Q

Can I bring a claim against an NHS Trust or a private hospital?

A

Our solicitors handle claims involving both NHS Trusts and private healthcare providers. The same legal standards apply to all medical professionals in England and Wales.

Q

How long does a medical negligence claim take?

A

The timeframe for a medical negligence claim depends on how complex the case is and how long it takes to gather evidence. Straightforward cases may take months; more complex ones can take a few years or longer. To find out more, read our guide about how long medical negligence claims take in England and Wales.

Q

What evidence is needed to prove negligence?

A

We rely on medical records, expert reports, and factual evidence to show that the standard of care fell below what was reasonable and that this caused harm. To find out more, read our guide on how to prove medical negligence.

Q

How are legal fees handled on a no win, no fee basis?

A

The majority of our cases are funded through no win, no fee agreements, also known as conditional fee agreements. Your solicitor will discuss this with you and advise on the best options available, but the key is that you will not have to pay any legal fees if the case is unsuccessful, so there is no financial risk to you.