When it is necessary to seek medical care, we place immense trust in the healthcare professionals providing that care. In return, we expect to receive a high standard of care and for our health and wellbeing to be protected. Unfortunately, there are instances when this standard of care falls short of what is required, leading to harm or injury – this is known as medical negligence.
Medical negligence can take various forms, including a critical misdiagnosis, mismanagement in your treatment, or errors during surgery. If you believe you or a loved one has suffered harm as a result of sub-standard medical care or medical error, understanding the common types of medical negligence claims can be the first step towards seeking justice and compensation.
Surgical errors
All surgical procedures carry risks by their very nature. However, some errors go beyond the acceptable complications and constitute negligence. These surgical errors can include:
Wrong-site surgery
Performing the wrong type of operation, including surgery on the incorrect body part or patient.
Unsterile conditions
Which could lead to infections following surgery, impacting health outcomes.
Anaesthesia errors
Incorrect dosage or administration of anaesthetics could lead to complications or awareness during surgery.
Surgical instruments left inside patients
Such as tools or swabs leading to infection or post-operative complications.
Damage to nerves or organs
This can occur as a recognised complication of surgery but often when damage occurs to surrounding structures, it can be due to a lack of care and attention by the operating surgeon.
How to identify when surgical negligence has occurred
If you experience unexpected pain, a prolonged recovery, new symptoms following surgery or encounter complications that are directly linked to the original procedure, it’s often necessary to investigate further. In many cases an independent medical expert will be required to review the care provided and determine if the standard of care fell below acceptable levels.
Misdiagnosis and delayed diagnosis
One of the most devastating types of medical negligence claims is misdiagnosis (being given the wrong diagnosis, or not receiving a diagnosis) or delayed diagnosis (when a correct diagnosis is made, but too late).
The impact of this can be profound, particularly with serious conditions like cancer, heart attacks, strokes and infections, where timely intervention and treatment is essential to making a good recovery. Delayed diagnoses mean the disease has more time to progress, making treatment more difficult or reducing survival chances.
In some cases, a delay in receiving a diagnosis can lead to severe, permanent damage or even death. Similarly, untreated infections can spread, leading to life-threatening complications like sepsis.
What to do if you’ve been misdiagnosed or not diagnosed on time
If you’ve experience delays in receiving the correct diagnosis, it’s vital you keep detailed records of your symptoms, medical appointments and any investigations that were performed. If your condition has significantly deteriorated despite seeking medical advice, or you have subsequently received a different, later diagnosis, this could suggest that the treatment you received was substandard.
Medication errors
Medication is an essential part of modern medicine, however it can also do harm if not accurately prescribed. For example, you could be prescribed the wrong drug for your condition, be given the incorrect dosage, be given a prescription that was meant for a different patient, or have the drug incorrectly administered. Additionally, medical negligence can also extend to medical professionals failing to check for allergies or potential drug interactions.
How medication errors can cause serious health issues
Errors in prescribing or administering medications can have serious consequences. Such errors can lead to adverse drug reactions, organ damage, prolonged illness and even fatalities. Crucially, not receiving the correct medication, or receiving your medication incorrectly, can directly impact your health and recovery.
Birth injuries
The birth of a child should be a joyous occasion, but negligence during childbirth can result in tragic and lifelong consequences for both the child and the parents. These types of medical negligence claims cover harm to both parent and child.
Birth injuries as a result of negligence can arise from:
- Improper use of delivery instruments such as forceps or vacuum extractors, which can lead to brain damage or physical injuries to the baby.
- Failure to properly monitor the baby’s distress which can lead to oxygen deprivation and result in severe developmental or cognitive delays, or motor impairments.
- Delayed C-sections can lead to complications for both mother and baby.
- Maternal injuries, such as severe tears or nerve damage, which can often be avoided through the correct advice and care.
Injuries and trauma sustained during childbirth can have a profound impact on both parents and children, leading to developmental delays and other disabilities which will potentially affect children for the rest of their life.
Nursing and elderly care negligence
In our society, the elderly and the most vulnerable often depend heavily on the care they receive from healthcare professionals. Whilst the vast majority of healthcare services for the elderly are exemplary, there are occasions when patients who need support are let down, resulting in medical negligence claims. Negligence in nursing and elderly care can stem from poor standards of care, which can lead to various issues:
- Failure to prevent bedsores or allowing them to worsen
- Medication mismanagement
- Falls due to inadequate supervision or fall prevention measures
- Malnutrition or dehydration
- Neglect leading to infections or deterioration of existing conditions
Sadly, those who may suffer from any of the above are often not able to advocate for themselves, and it will fall to family and friends to voice concerns and take steps. Examples of a lack of care that could lead to a medical negligence claim include unexplained injuries, severe bed sores, repeated falls, or a sudden worsening of health.
How Ellisons can help
Medical negligence claims are inherently complex, requiring a deep understanding of both medical practices and legal principles. Our specialist team at Ellisons can help you navigate these intricate cases, drawing on their extensive expertise across the various types of medical negligence claims.
We can help you:
Evaluate the strength of your case
We will carefully review your medical records, assess the standard of care you received and determine if there’s a strong basis for a claim.
Obtain expert medical opinion
We work with independent medical experts who will assess whether the care you received fell below an acceptable standard and caused or contributed to your injuries.
Guidance through the claims process
From gathering evidence and preparing your case, through to negotiating with the NHS legal teams and navigating the court process, Ellisons will support you every step of the way.
Getting you the compensation you deserve
We will ensure your claim accounts for all aspects of your losses, including your pain and suffering, past and future financial losses – such as loss of earnings, medical treatment costs, ongoing care costs – and the impact on your quality of life.
Get expert help with your medical negligence
If you’ve suffered injury as a result of substandard medical treatment then it may be possible to bring a medical negligence claim to seek compensation. Contact us to discuss your case with a legal expert.
