Medical negligence, sometimes referred to as clinical negligence, occurs when a patient receives care or treatment that falls below an acceptable professional standard and causes avoidable harm. When people seek medical help, they place an enormous amount of trust in doctors, nurses and healthcare providers. When that trust is broken, the consequences can be long-lasting and deeply distressing.
Every healthcare professional owes patients a legal duty of care. If that duty is breached and injury or harm results, a medical negligence claim may arise. In England and Wales, these cases are assessed using established legal principles, most notably the Bolam and Bolitho tests, which consider whether a clinician acted in line with responsible medical practice and whether that practice stands up to logical scrutiny.
This article is written by Fran Love, a Solicitor in Waldrons Solicitors’ Medical Negligence team. Fran supports individuals and families across the West Midlands and beyond, including clients in Merry Hill, Dudley, Kingswinford, Walsall, Worcester and Cheltenham. She advises on a wide range of claims involving both NHS and private healthcare providers, helping clients understand what went wrong and what legal options may be available.
Medical negligence can occur in many healthcare settings, including NHS hospitals, GP surgeries, dental practices, private clinics and care homes. With record pressure on healthcare services, mistakes are unfortunately becoming more common. According to NHS England, there were over 380 million GP appointments delivered in England during 2024/25, alongside more than 27 million Accident and Emergency attendances.
Figures published by NHS Resolution show that in 2024/25 there were 14,428 new clinical negligence claims and reported incidents, with the annual cost of harm estimated at £4.6 billion, with £3.1 billion paid in compensation and costs. Understanding the most common types of claims can help patients recognise when something may have gone wrong and when it may be appropriate to seek legal advice.
Misdiagnosis or delayed diagnosis
Misdiagnosis remains one of the most common causes of medical negligence claims. It occurs when a condition is incorrectly diagnosed, diagnosed too late, or missed entirely. This can happen due to failures to take symptoms seriously, misinterpret test results, or poor communication between healthcare professionals.
Common examples include delayed cancer diagnoses, missed fractures, undiagnosed infections or heart conditions being mistaken for less serious illnesses. The consequences of misdiagnosis can be severe, leading to disease progression, more invasive treatment, or reduced life expectancy.
According to NHS Resolution freedom of information (FOI) data, during the 2023/24 financial year there were 1,706 claims where the primary cause was failure or delay in diagnosis or an incorrect diagnosis. These claims often involve conditions where early intervention is critical.
When does misdiagnosis become negligence?
Not every diagnostic error amounts to negligence. A claim may arise where a reasonably competent clinician would have identified the condition earlier, ordered further investigations, or referred the patient to a specialist. The law asks whether the care fell below the standard expected of a responsible body of medical professionals.
Surgical negligence
Surgical negligence refers to errors made before, during or after a surgical procedure. While most operations are carried out safely, serious mistakes can and do occur.
Some surgical errors fall within the NHS “Never Events” framework, meaning they are considered wholly preventable if proper procedures are followed. Examples include operating on the wrong site, leaving surgical instruments inside a patient, or fitting the wrong implant or prosthesis.
Data published by NHS England shows that between April and October 2024 there were 225 Never Events, with wrong-site surgery and retained foreign objects among the most common.
Examples of surgical negligence include:
- Damage to surrounding organs due to poor surgical technique
- Anaesthetic errors
- Inadequate post-operative monitoring
- Failure to obtain informed consent
Surgical negligence can lead to prolonged pain, additional operations, permanent disability and, in the most serious cases, death. Claims often rely on expert evidence showing that the surgeon’s actions fell outside accepted medical practice.
Prescription and medication errors
Medication errors remain a significant source of avoidable harm. In England alone and according to the NHS Business Services Authority (NHSBSA), over 1.26 billion prescription items were dispensed by community pharmacies during 2024/25. Errors can occur in pharmacies, hospitals and care homes.
Common medication errors include:
- Prescribing drugs that interact dangerously
- Administering incorrect dosages
- Providing medication a patient is allergic to
- Dispensing the wrong medication.
Guidance from the Medicines and Healthcare products Regulatory Agency highlights that medication errors can cause serious injury, long-term health complications and, in some cases, death.
Who may be responsible?
Responsibility may lie with a GP, hospital doctor, pharmacist, nurse or care provider, depending on where the error occurred. A claim may arise where safety checks were missed or established prescribing protocols were not followed.
Pregnancy and birth injuries
Negligence during pregnancy, labour or shortly after birth can have devastating consequences for both mother and baby. These cases are often complex and involve lifelong care needs.
Examples include failures to identify foetal distress, mismanagement of labour, negligent caesarean sections, incorrect use of forceps or vacuum extractors and inadequate post-birth care.
NHS Resolution data covering the period from 2014/15 to 2024/25 shows:
- 1,460 claims involving brain damage
- 875 claims relating to cerebral palsy
- 1,441 stillbirth claims
These cases account for a disproportionate share of total compensation paid by the NHS due to the long-term impact on families.
Why maternity claims are so significant
Obstetric claims frequently involve children who require lifelong support. As a result, compensation must cover future care, equipment, accommodation and loss of earnings.
Negligent medical advice and consent
Patients are entitled to make informed decisions about their treatment. This means healthcare professionals must explain the risks, benefits and reasonable alternatives to any proposed treatment.
A failure to do so may give rise to a claim for negligent medical advice. This principle is reinforced by guidance from the General Medical Council and case law on informed consent.
Examples include:
- Failing to warn of significant treatment risks
- Advising that symptoms are not serious without investigation
- Providing misleading or incomplete information
In such cases, the key question is whether the patient would have made a different decision if properly informed.
Negligent aftercare and nursing failures
The duty of care does not end once treatment or surgery is complete. Poor aftercare or inadequate nursing can result in infections, falls, pressure sores and delayed recovery.
The National Audit of Inpatient Falls (NAIF) recorded approximately 247,000 inpatient falls in England in a single year. Many of these incidents are preventable with appropriate supervision and care planning.
Claims often arise where patients were not properly monitored, repositioned, or supported during recovery, particularly elderly or vulnerable patients in hospitals or care homes.
“Medical negligence claims are never just about statistics or legal tests. They are about real people whose trust has been broken at a time when they were most vulnerable. If something does not feel right about the care you or a loved one received, it is always worth seeking advice.”
Fran Love, Solicitor in the Medical Negligence team at Waldrons Solicitors
Contact Waldrons Solicitors
When you attend a hospital, GP surgery or care setting, you expect to be treated with care, dignity and professionalism. When that standard is not met, the consequences can be profound.
Waldrons Solicitors offers a free initial telephone consultation and acts on a no-win, no-fee basis. Our Medical Negligence team supports clients across Merry Hill, Dudley, Kingswinford, Walsall, Worcester and Cheltenham, providing clear advice and compassionate representation from the outset.
If you believe you may have been affected by medical negligence, contact Waldrons Solicitors today to discuss your options.
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