Many people wonder what counts as clinical negligence when medical treatment goes wrong. Clinical negligence, also called medical negligence isn’t just a bad outcome or an unhappy experience. It refers to cases where a healthcare provider’s care fell below acceptable standards and caused avoidable harm to the patient.
Written by Alissa Dola, a Trainee Solicitor in our Medical Negligence Team, this short guide explains the basics in clear terms, so patients and families understand when they may have grounds to investigate a potential claim. Alissa first discovered her passion for law during a volunteering project in South Africa focused on law and human rights, which led her to pursue a law degree at the University of Surrey, graduating in 2023 with a 2:1. She gained valuable experience at the National Centre for Domestic Violence, helping victims of abuse across several teams. Alissa previously worked in our Family Team, earning glowing client feedback on Review Solicitors for her empathetic and professional approach.
What Is Clinical Negligence?
Clinical negligence (or medical negligence) means substandard medical care that causes avoidable harm to a patient patient.info. Healthcare professionals have a duty of care to treat patients with reasonable skill and competence. If the care provided falls below the expected standard of a competent professional, it is a breach of duty. However, not every mistake is negligent, it must also be proven that the substandard care directly caused an injury or worsened outcome that would not have occurred otherwise resolution.nhs.uk.
Legal Criteria: Breach of Duty and Causation
To make a successful claim, you generally need to prove both breach of duty and causation. Breach of duty means the healthcare provider’s actions fell below what a reasonably competent professional would have done under similar circumstances.
Causation means showing that this negligence directly caused your injury or made your condition worse. It’s not enough that errors happened, you must demonstrate that because of the substandard care you suffered harm that would have been avoided with proper treatment. If the same harm would have happened anyway despite appropriate care, then causation isn’t established.
Examples of Potential Clinical Negligence
Every case is unique, but common examples of situations that might count as clinical negligence include:
- Misdiagnosis or Delayed Diagnosis: Failing to spot an illness or diagnosing it too late, leading to a worse outcome.
- Surgical Errors: Mistakes during an operation (for example, operating on the wrong site) that result in injury or complications.
- Medication Mistakes: Prescribing or dispensing the wrong medication or dose, causing harmful side effects.
If it’s proven that a healthcare provider’s actions fell below acceptable standards and directly caused the harm, then legal negligence has occurred.
When Treatment May Not Be Negligent
Not every poor medical outcome is negligence. Medicine has inherent risks and complications can occur even when care is appropriate. For example, if you experience a known complication of surgery despite the procedure being done correctly, that isn’t negligence, it’s an unfortunate but recognised risk. Remember, negligence is about substandard care, not just an undesirable result. If your doctor’s actions were in line with accepted practice, or if a mistake happened but did not cause any actual harm, then there may be no negligence case to answer.
“No one should suffer in silence when medical care goes wrong. Clinical negligence claims aren’t about blame, they’re about finding answers and support. If something felt wrong with your care and you were harmed as a result, remember you have rights.”
Alissa Dola, Trainee Solicitor
Your Rights and Next Steps
Patients have the right to safe, competent care and the right to compensation if they have been harmed by negligent treatment, as outlined on gov.uk. If you believe you’ve been harmed by clinical negligence, your first step could be raising a formal complaint with the hospital or practice. This may provide you with answers or an apology. However, to pursue compensation, it’s best to consult a specialist Clinical Negligence solicitor who can assess your case, help gather evidence and guide you through the process.
At Waldrons, our Clinical Negligence team is here to provide clear, supportive advice if you are concerned about the care you or a loved one received. We can help you determine whether the treatment fell below an acceptable standard, guide you through the claims process and advise on whether a complaint or formal claim is appropriate. Every enquiry is treated sensitively and you can speak to us in confidence with no obligation to proceed.
Waldrons is committed to supporting individuals and families with clinical negligence claims in the West Midlands, Worcestershire, Staffordshire and Gloucestershire. We are here to help you navigate the next steps if you believe something went wrong with your medical care. Contact us today for guidance and support.
