Medical negligence is care that fell below the standard a competent professional would have provided, where that failure caused avoidable harm. It falls into a handful of broad categories: mistakes in diagnosis, mistakes in treatment, mistakes with medication, failures of consent, and failures in aftercare.
This guide explains what each category covers, and how to tell the difference between negligence and a bad outcome.
MEDICAL NEGLIGENCE - Also called clinical negligence. It means two things happened together: the care you received fell below a reasonable standard, and that failure caused you harm that would otherwise have been avoided.
Is a bad outcome the same as negligence?
No. This is the most common misunderstanding, and it matters more than any category on this page.
Many treatments carry real risks even when they are carried out properly. A poor result on its own is not negligence. Two questions both have to be answered yes: did the care fall below a reasonable standard, and did that failure cause you harm.
Care is judged against whether a responsible body of medical opinion would have supported it. The question is not whether a different doctor would have done something else. It is whether what was done was a reasonable option at the time.
What are the main types of medical negligence?
Most claims fall into one of the categories below.
Diagnosis - A condition missed, wrongly identified or diagnosed too late, including delays in diagnosing cancer, sepsis or stroke
Treatment and surgery - Surgery on the wrong site, avoidable damage during a procedure, poor technique, or infection caused by poor aftercare
Medication and prescribing - The wrong drug, the wrong dose, a dispensing error, or a known allergy overlooked
Consent - Not being told about the risks that mattered, or about reasonable alternatives, before agreeing to treatment
Maternity and women's health - Failures during pregnancy, labour or delivery, and in gynaecological care
Hospital and nursing care - Poor monitoring, pressure sores, falls, or harm caused by understaffing
Dental care - Gum disease left undiagnosed, extraction errors, or poor restorative work
Cosmetic treatment - Poor technique, unsuitable treatment, or consent taken without a proper explanation of the risks
Some claims sit in more than one category at once. A delayed diagnosis followed by rushed surgery is a single claim, not two.
What does a consent failure mean?
Before you agree to treatment, you should be told about the risks that a patient in your position would think mattered, and about any reasonable alternatives, including doing nothing.
If you were not given that information, the consent you gave may not have been valid, even though you signed a form. This is one of the categories people least often recognise in their own case.
Does it matter if my treatment was on the NHS?
No. The legal test is exactly the same for NHS care and private treatment. What changes is who answers the claim. NHS claims are handled centrally on behalf of the trust or practice, and private claims are handled by the provider or their insurer.
A claim is brought against the organisation responsible rather than against an individual member of staff.
How do I know whether my care was negligent?
Usually you cannot tell from your own experience alone, and that is not a failing on your part. It takes your full medical records and an independent opinion from a consultant in the same specialty, who can say whether the care met the standard and what difference it made.
That is what an initial assessment is for., we look at what happened and tell you honestly whether it looks like a claim, before you commit to anything.
What if I only want an explanation?
That is a reasonable thing to want, and a claim is not the only route to it. NHS providers have a duty to be open with patients when something has gone wrong, and the NHS complaints process exists to give answers rather than compensation. You can use it without making a claim, and using it does not prevent you from making one later.
Not sure which of these describes what happened to you?
Tell us what happened and we will tell you honestly whether it looks like a claim, free and without obligation.
Frequently asked questions
There are more on our FAQ page.