Medical negligence, depending on type, can be rare but when errors do occur the impact can be absolutely devastating to both patients and their loved ones and have a negative impact on their lives on an ongoing basis. Whilst not all poor medical outcomes are unavoidable, when they occur directly as a result of erroneous practices or errors, it can be incredibly difficult to accept, and may warrant the advice or involvement of a medical malpractice solicitor.
In the UK, healthcare professionals are deemed to owe patients under their supervision a legal duty of care. This duty requires them to use a level of care and skill appropriate to their position, and to act in line with a responsible body of medical opinion. There are also significant requirements around communication with patients, including ensuring they are correctly and accurately informed, obtaining appropriate consent wherever necessary, and keeping records around symptoms, conditions and concerns.
Where medical professionals are deemed to have acted in breach of these recognised legal standards of care, or the care received falls below what would be considered a reasonable standard and the patient has suffered harm as a direct consequence, the professional (or professionals) involved may then become liable for a claim under the provisions in medical negligence law. There are very specific legal criteria that can be used to determine whether the actions or inaction of a medical professional gives rise to a claim, and a medical malpractice solicitor will be able to assess cases on the evidence presented in order to establish whether there is a potential claim. But when is it appropriate to consider legal advice or action? Here are a few instances where you may want to consider support from a legal professional.
Misdiagnosis and delayed diagnosis claims
Unfortunately the misdiagnosis or delayed diagnosis of conditions is surprisingly common in the UK. A recent study and subsequent report of NHS general practice data published by the British Medical Journal found that approximately 1 in every 18 patients in primary and secondary healthcare settings in the UK may be affected by misdiagnosis. These issues can have serious consequences for a patient’s overall health, and can often result in harm to their health in both the immediate aftermath of the misdiagnosis, or in some cases on an ongoing basis for years to come, or even for the entirety of the affected individual’s life.
Surgical error claims
Surgical error claims span a range of things from operating on the wrong area of the body, to leaving surgical objects or instruments in the body after a completed surgery. Surgical errors make up a high proportion of ‘never event’ claims – claims for happenings that are extremely serious, were preventable and never should have occurred. In the 2024-25 reporting year, there were 185 claims for wrong-site operations. Surgical error claims, especially never event claims, tend to be amongst the highest in terms of monetary value due to the level of ongoing impact on the lives of patients.
Prescription error claims
Whether it’s an incorrect initial prescription, or the wrong medication has been dispensed at the point of pharmacy, prescription errors are also very common. Research indicates that there are around 237 million medication errors annually in the UK. According to The Guardian, around 6,000 of these instances in the last year resulted in harm to the patient, with dozens resulting in serious harm or death.
If you have been impacted by any of these or any other medical malpractices and have Been Let Down by your healthcare provider, it’s important to get your case assessed by a professional medical malpractice solicitor to evaluate whether you have the basis for a claim.