Medical negligence occurs when a healthcare professional or provider fails to deliver a standard of care that a reasonable person would expect, and that failure causes you harm. While many people think of dramatic surgical errors when they hear medical negligence, there are actually a wide range of situations in which you might be entitled to compensation, some of which you might not immediately consider.
Below, we explain the common and less-obvious types of medical negligence claims in the UK, what they involve, and why it matters if you or a loved one has been affected.
1. Misdiagnosis, delayed diagnosis or wrong diagnosis
One of the most frequent forms of medical negligence is diagnostic error, either diagnosing the wrong condition, missing a diagnosis entirely, or diagnosing too late. These mistakes can lead to:
- Delayed or inappropriate treatment, allowing conditions like cancer, heart attacks or blood clots to worsen.
- Misleading advice on prognosis or treatment options, causing unnecessary suffering or irreversible harm.
Even relatively common conditions can be misinterpreted or overlooked if symptoms aren’t thoroughly investigated, leading to avoidable deterioration.
2. Surgical errors
Surgical negligence claims arise when something goes wrong in an operation or surgical procedure. Examples include:
- Operating on the wrong body part.
- Leaving surgical instruments inside a patient.
- Nerve damage, organ damage or incorrect amputation.
- Mistakes during anaesthesia, such as incorrect dosage or failure to monitor.
These mistakes can have life-changing consequences, from chronic pain and disability to brain injury.
3. Birth and maternity injury claims
Claims related to childbirth are often high value due to the long-term impact on families. These can include:
- Injuries to the mother during labour or delivery.
- Birth injuries to babies, such as cerebral palsy or brain damage, when risks weren’t properly managed.
Some high-profile settlements in the UK highlight the serious consequences when maternity care falls below expected standards.
4. Medication errors
Medication mistakes may sound minor, but they can be extremely harmful. These claims may stem from:
- Incorrect prescriptions or dosages.
- Administering the wrong medicine.
- Failure to check for allergies or interactions.
Medication errors may occur in a GP surgery, hospital ward, pharmacy or care home, and can cause serious complications, prolonged illness, or even death.
5. Hospital-acquired infections & substandard care
Although less talked about, patients can sometimes catch infections or illnesses due to inadequate hygiene or supervision in healthcare settings.
Other examples include:
- Failure to prevent pressure sores or ulcers.
- Inadequate patient monitoring, leading to deterioration.
These issues often arise from staffing problems, poor protocols, or organisational failings, and they can lead to valid claims if harm results.
6. GP & specialist negligence
General Practitioners and specialists can also be negligent if they:
- Fail to refer you for appropriate tests or specialist care.
- Misinterpret test results.
- Ignore relevant medical history or symptoms.
GP negligence claims are common when patients repeatedly present symptoms that are dismissed or downplayed, leading to worse outcomes.
7. Less-obvious claims
Some medical negligence claims that people may not immediately think about include:
- Optical or dental negligence – Injuries from laser eye surgery or dental procedures.
- Cosmetic surgery errors – Botched procedures that cause disfigurement or need corrective treatment.
- Private healthcare errors – Negligence in private clinics can be just as actionable as in the NHS.
Important points for claimants
✔ Duty of care and breach
To succeed in a medical negligence claim in England and Wales, three legal criteria generally must be met:
- A duty of care existed.
- That duty was breached (substandard care).
- The breach caused harm or loss.
This reflects long-standing legal principles concerning informed consent, standard of care and causation.
✔ Compensation can cover more than pain
If a claim succeeds, compensation may include:
- Pain, suffering and loss of amenity.
- Financial losses (medical costs, lost earnings).
- Future care and support needs.
Each claim is unique and compensation reflects the impact on your life. qualified legal advice can help clarify potential outcomes.
Thinking you might have a claim?
Medical negligence can have profound physical, emotional and financial consequences. If you think you or a loved one has suffered due to substandard medical care, even in circumstances you hadn’t considered, it’s worth seeking professional legal advice to explore your options.
Marley Solicitors can review your situation, explain your rights and help you understand whether you may be entitled to compensation.