One of our experts specialising in medical negligence claims answers a common question for patients who are concerned that something may have gone wrong during their care or treatment.
‘’Is every medical mistake considered negligence?’’
‘’No. Not every medical mistake will amount to medical negligence. Healthcare professionals are often required to make complex decisions, sometimes in difficult circumstances, and an unexpected outcome does not necessarily mean that negligent treatment has occurred. For a medical negligence claim to succeed, it must usually be shown that the care provided fell below an acceptable standard and that this caused avoidable harm. The key question is not whether a mistake happened, but whether the treatment or decision was something that a reasonably competent healthcare professional would have done in the same circumstances.’’
Understanding your legal position
One of the most common misconceptions about medical negligence claims is that any mistake made by a doctor, nurse, surgeon, GP, or other healthcare professional automatically gives rise to a claim. In reality, the law recognises that medicine is not an exact science and that healthcare professionals can make decisions that, whilst reasonable at the time, may not always lead to the desired outcome.
From a legal perspective, there are generally two key issues that need to be considered. The first is whether there was a breach of duty. This means assessing whether the care provided fell below the standard expected of a reasonably competent healthcare professional working in the same field. This may involve reviewing decisions that were made, treatment that was provided, investigations that were carried out, or actions that were not taken.
For example, a poor outcome following surgery does not automatically mean negligence has occurred. Some complications are recognised risks of treatment and can happen even when care is provided to an appropriate standard. Equally, a delayed diagnosis does not always mean a healthcare professional acted negligently if the symptoms presented would not reasonably have led to an earlier diagnosis.
The second issue is causation. Even if the standard of care fell below what was reasonably expected, it must also be shown that this directly caused avoidable harm. In legal terms, it is not enough to demonstrate that a mistake was made. It must also be established that the outcome would probably have been different if appropriate care had been provided.
For example, if a condition was diagnosed later than it should have been, it may be necessary to show that earlier diagnosis would have led to more effective treatment, a better prognosis, or the avoidance of additional injury or illness. In some cases, a patient may unfortunately have experienced the same outcome even if treatment had been provided sooner, which can affect whether a claim is possible.
To assess whether negligence may have occurred, medical records will usually need to be reviewed in detail. Independent medical experts are often instructed to consider the care provided and whether it met the appropriate standard. Our team can obtain and review your records, arrange expert evidence where needed, and help establish whether the treatment you received fell below an acceptable standard and caused avoidable harm.
Medical negligence claims can arise from a wide range of circumstances, including delayed diagnosis, surgical errors, medication mistakes, failures to obtain informed consent, maternity care failures, missed fractures, sepsis, cancer diagnosis delays, and inadequate treatment or follow up care. Each case will depend on its own facts and must be assessed individually.
Time limits apply to medical negligence claims, and these are known as limitation periods. In most cases, you will have three years to bring a claim. This usually runs from the date the negligent treatment occurred, or from the date you first became aware that your injury or condition may have been linked to substandard care. This is often referred to as the date of knowledge.
There are important exceptions. For children, the three year time limit generally does not begin until their 18th birthday. Different rules may also apply where a person lacks the mental capacity to manage their own affairs. Because limitation can be complex, it is always sensible to seek advice as early as possible so that records can be obtained and evidence preserved.
If you are concerned that the care you received may have fallen below an acceptable standard, our specialist Medical Negligence team can review your circumstances and explain whether you may have grounds to pursue a claim. Call us on 0808 149 9561 for a free, no-obligation claims assessment and find out how we may be able to help.
