What Constitutes Medical Negligence?

Medical negligence is a critical issue that can have severe consequences for patients. Understanding what constitutes medical negligence is important if you believe you’ve experienced substandard medical care.

At Thompson & Co Solicitors, we assist with medical negligence claims, especially those affecting clients in Newcastle, Sunderland and the North East – but also across the UK. So what constitutes medical negligence, and what should you do if you’ve been affected?

Understanding Medical Negligence

The Definition of Medical Negligence

Medical negligence occurs when a healthcare provider fails to deliver the standard of care that can reasonably be expected, resulting in injury or harm to the patient. Legally, it implies that the care or treatment provided deviated from what competent medical professionals would consider acceptable under similar circumstances.

This deviation from standard practice must directly cause injury or harm to the patient.

Key Criteria for Medical Negligence

For a claim to be classified as medical negligence, several criteria must be met:

Duty of Care: There must be a recognised relationship where the healthcare provider owed the patient a duty of care.

Breach of Duty: The provider must have breached this duty by failing to meet the required standard of care.

Causation: The breach must have directly caused the injury or harm.

Damages: The patient must have suffered quantifiable damages, whether physical, emotional, or financial, as a result of the negligence.

Common Types of Medical Negligence

Surgical Errors

Surgical errors are one of the most transparent forms of medical negligence. This includes mistakes like accidental bowel or bladder injuries during surgery. These errors can lead to severe complications, requiring additional surgeries or long-term treatment.

Misdiagnosis and Delayed Diagnosis

Failure to diagnose or delays in diagnosing conditions, such as cancer, also fall under medical negligence. Missed or delayed diagnoses can drastically affect the outcome of the illness, potentially reducing recovery rates or worsening the condition.

Negligent Medical Advice

Receiving incorrect or harmful medical advice is another way in which medical practitioners can be negligent. Patients who rely on flawed guidance can suffer unnecessary harm or health deterioration.

Poor Dental Treatment

Substandard dental care can cause significant pain, suffering, and financial loss. Poor dental treatment, whether it’s improper fillings, root canals, or extractions, can constitute medical negligence, which is commonly known as dental negligence.

Proving Medical Negligence

Proving medical negligence involves gathering robust evidence and expert opinions to support your claim.

Gathering Evidence

Collecting relevant evidence is crucial to prove medical negligence. This includes your medical records, communication with healthcare providers, and any other documentation that can substantiate the claim.

Medical Expert Reports

Medical experts play an important role in substantiating claims of negligence. Their reports can provide an independent assessment of whether the standard of care fell short and directly resulted in injury or harm.

Demonstrating Financial Losses

You should keep records of all expenses related to the negligence, including medical bills, lost wages, travel expenses, and receipts for any other costs you’ve incurred due to the injury.

Time Limits for Medical Negligence Claims

Typically, you have a three-year limitation period to file a medical negligence claim. This period starts from the date you first knew, or should have reasonably known, that the negligence caused your injury. However, exceptions may apply if compelling reasons prevented timely action.
Time is of the essence when pursuing a medical negligence claim. Acting promptly ensures that you don’t miss the deadline and lose your right to seek compensation. Delays can also make it harder to gather evidence and secure credible medical expert reports.

Medical Negligence Claims with Thompson & Co

If you or a loved one has been negatively impacted as a result of a medical incident or botched surgery, then it’s recommended to speak to an experienced solicitor such as Thompson & Co Solicitors to see if you have enough to pursue a medical negligence claim.

We operate on a no win no fee basis, meaning if we take on your medical negligence case, you won’t have to pay a penny if you’re unsuccessful. It means if we take on your claim, we’re confident it will lead to a successful outcome.