Common Causes of Medical Negligence Claims

Introduction

Every year, thousands of patients experience harm due to preventable errors within the healthcare system. Medical negligence impacts individuals and their families and burdens healthcare providers and insurers considerably.

Recent data from NHS Resolution highlights that in the 2023/24 period, there were 13,784 new medical negligence claims against the NHS, with associated costs reaching £2.8 billion — a clear indicator of the scale and seriousness of these incidents.

Below, we explore the most frequent causes of medical negligence claims and their potential consequences for patients.

Common Causes of Medical Negligence Claims

1. Misdiagnosis or Delayed Diagnosis

A missed or delayed diagnosis can have serious repercussions. Conditions such as cancer, diabetes, heart disease, and infections are often misdiagnosed, leading to inappropriate or delayed treatment. This can worsen the patient’s condition and, in some cases, reduce the chances of a full recovery.

2. Surgical Errors

Mistakes during surgery, such as operating on the wrong site, leaving instruments inside the patient, or causing unintended harm, are among the most distressing forms of negligence. These errors can result in additional pain, prolonged recovery, and in severe cases, permanent disability.

3. Medication and Prescription Errors

Administering the wrong medication, incorrect dosages, or failing to consider a patient’s allergies can lead to adverse reactions, exacerbation of existing conditions, or even fatal outcomes. These errors are often preventable with careful checks and clear communication.

4. Pregnancy and Birth Injuries

Negligence during pregnancy, labour, or delivery can cause harm to both mother and baby. This includes failing to diagnose complications, improper use of delivery instruments, or not performing necessary interventions. Such errors may result in conditions like cerebral palsy, brachial plexus injuries, or serious maternal complications.

5. Negligent Medical Advice or Failure to Obtain Consent

Sometimes, healthcare professionals do not provide sufficient information about the risks, benefits, or alternatives before a procedure. Patients may not be warned about potential side effects or given enough time to make an informed decision. This lack of consent can lead to physical or psychological harm if patients undergo treatments they would not have otherwise chosen.

6. Failure or Delay in Treatment

When treatment is not provided in a timely manner, or a patient is not referred to a specialist when needed, this constitutes negligent care. Delayed cancer treatment or failure to refer a patient with chest pain to a cardiologist are common examples. Such delays can worsen conditions, increase complications, and reduce recovery prospects.

7. Negligent Aftercare or Rehabilitation

Inadequate post-treatment care or poor monitoring during recovery can also be grounds for a claim. Lack of proper aftercare may lead to infections, prolonged recovery times, or even hospital readmission.

What To Do If You Suspect Medical Negligence

If you or a loved one has suffered as a result of medical negligence, taking prompt action can make a significant difference. Here are some practical steps on what to do next:

Document Everything: Keep thorough records of all medical appointments, treatments, and communications with healthcare providers.
Seek a Second Opinion: Consult another medical professional for an independent assessment if you suspect negligence.
Contact a Solicitor: Reach out to a specialist solicitor to discuss your case and understand your legal rights.
Gather Evidence: Collect medical records, receipts, and any other relevant documentation to support your claim.
Understand the Time Limit: Be aware that there is generally a three-year time limit for making a medical negligence claim, with exceptions for children and those lacking mental capacity.
Consider Support Services: Look for organisations that offer emotional and practical support for those affected by medical negligence.

Seeking Justice and Compensation

If you believe you have suffered due to negligent medical care, you are not alone. Specialist teams are available to guide you through the process of making a claim, ensuring you receive the justice and compensation you deserve.

To start your medical negligence claim, simply click the ‘start claim’ button below or contact us directly for a confidential, no-obligation consultation.

Tel: 0151 268 8282

Email: medicalnegligence@satchellmoransolicitors.com

We are dedicated to helping you seek justice and secure the compensation you deserve.