What is Clinical Negligence? Simple Answers for NHS Patients

If you feel something went wrong during your NHS treatment and wonder if it may be due to clinical negligence, you're not alone. Many patients have similar concerns but aren’t sure where to start. Here’s a straightforward guide to help you understand clinical negligence, know your rights as an NHS patient, and explore the steps you can take.

What is Clinical Negligence?

Clinical negligence occurs when a healthcare professional, like a doctor or nurse, provides care that falls below the standard expected within the NHS, resulting in harm to the patient. It’s not simply a poor result from treatment, as not all treatments can guarantee perfect outcomes. Negligence specifically refers to cases where an error, oversight, or lack of reasonable care directly causes injury, worsens a condition, or results in avoidable complications.

In the UK, a claim for clinical negligence generally requires proving four key points:

1. Duty of Care: The healthcare provider owed you a duty of care—meaning they had a professional obligation to treat you properly.

   
   

2. Breach of Duty: The provider did not meet this standard, falling short of what a reasonably competent professional would have done.

   
   

3. Causation: The failure in care directly led to the harm or injury you experienced.

   
   

4. Harm or Damages: The breach caused specific harm, which could be physical injury, emotional distress, or financial cost due to additional treatments.

   
   

Common Examples of Clinical Negligence

Clinical negligence can take various forms, depending on the care received and the nature of the mistake. Here are some common scenarios where NHS patients may encounter negligence:

• Misdiagnosis or Delayed Diagnosis: If a condition is misdiagnosed or diagnosed too late, patients may miss out on timely treatment, potentially worsening their prognosis. Misdiagnosis can range from mistaking a serious illness for a less severe one to failing to diagnose a condition altogether.

  
  

• Surgical Errors: Surgery is a complex procedure, and mistakes can happen, but some errors, like performing surgery on the wrong area or leaving surgical instruments inside the patient, are preventable and can lead to severe complications.

  
  

• Medication Mistakes: Being prescribed the wrong medication, the wrong dosage, or missing key information about side effects can cause further health issues. This is especially critical for patients with complex conditions or multiple prescriptions, where medication management is essential.

  
  

• Failure to Warn of Risks or Provide Aftercare: Informed consent is crucial in medical treatment, meaning you should be aware of the risks before a procedure. If a healthcare provider fails to explain potential risks or neglects necessary follow-up care, this can leave patients vulnerable to preventable complications.

  
  

Why Does Clinical Negligence Happen?

The NHS is a large, complex system with thousands of healthcare providers working under tight schedules and high-stress environments. Although NHS staff work hard to deliver safe and effective care, factors such as time pressure, high patient volumes, communication breakdowns, and administrative errors can increase the likelihood of mistakes. NHS patients have the right to care that meets a reasonable standard, and negligence is not simply an unfortunate outcome—it is a failure to meet this standard of care.

How to Recognise If You’ve Experienced Clinical Negligence

If you’re wondering whether your experience may constitute clinical negligence, reflect on your treatment:

• Unexpected Outcomes: Did you experience an unexpected injury or outcome that should have been avoidable with standard care?

  
  

• Unexplained Delays: Did delays in your diagnosis or treatment worsen your condition?

  
  

• Lack of Communication: Were you properly informed about treatment risks and required follow-up care?

  
  

• Impact on Health or Well-being: Did you suffer additional harm or require further treatment as a direct result of care received?

  
  

Answering “yes” to any of these questions doesn’t guarantee that negligence occurred but can indicate a need for further investigation.

Steps to Take if You Suspect Clinical Negligence

1. Request Your Medical Records: NHS patients have a right to request their medical records, which contain details about your treatments, medications, and interactions with healthcare staff. Reviewing these can provide valuable insights into your treatment history and any possible errors.

   
   

2. File an NHS Complaint: Making a formal complaint can help you understand what happened and, in some cases, prompt an internal investigation. While it may not lead to compensation, it can still bring awareness to issues in care.

   
   

3. Seek Legal Advice: If you believe your case qualifies as clinical negligence, consulting a specialist in clinical negligence law can help clarify your options. They can review your case, determine if it meets the criteria, and explain the process for a claim. In many cases, legal assistance is available through no-win-no-fee arrangements, which mean you don’t pay unless your case is successful.

   
   

4. Speak to Support Organisations: Numerous support groups and advocacy organisations assist patients affected by clinical negligence. They offer guidance, connect you with resources, and can even help you manage the stress involved in the process.

   
   

Need Help Understanding Your Options?

If you’re unsure or need more information about what happened during your treatment, our team is here to provide answers. Use the form below to reach out with your questions or concerns about clinical negligence, and we’ll offer tailored advice specific to your scenario.

Knowing your rights as an NHS patient and taking action can make a significant difference. Contact us today to discuss your clinical negligence queries and let us help you understand your options and guide you through the next steps.