Examples of Medical Negligence: Understanding Your Rights

In some cases, a missed or delayed diagnosis can constitute medical negligence. These errors can result in a medical condition going untreated or the incorrect treatment being given, which can have serious consequences for a patient’s prognosis.

A misdiagnosis or delayed diagnosis most often impacts those with cancer, but patients suffering from any existing condition can be affected.

Examples of some common conditions that are often misdiagnosed include the following:

• Misdiagnosis or delayed diagnosis of a pulmonary embolism.
• Misdiagnosis or delayed diagnosis of coeliac disease.
• Misdiagnosis or delayed diagnosis of a blood clot.
• Misdiagnosis arising from the misinterpretation of blood tests.
• Misdiagnosis or delayed diagnosis of an ectopic pregnancy.
• Misdiagnosis or delayed diagnosis of a fracture.
• Misdiagnosis or delayed diagnosis of a heart attack.

Most conditions are eventually correctly identified and the proper treatment provided, but the impact of the delay can be catastrophic. For example, if the misdiagnosis relates to a blood clot, that blood clot may block the sufferer’s coronary arteries and cause a heart attack.

Surgical standards in the UK are, on the whole, very high. However, errors during surgery do occur. If mistakes made during surgery cause an individual to suffer injury or harm, they may constitute medical negligence, for which the victim can bring a medical negligence compensation claim.

Examples of how medical negligence occurs in the context of surgical errors include the following:

• A surgeon operating on the wrong body part.
• A surgeon performing the wrong type of surgery.
• A surgeon damaging their patient’s organs or causing nerve damage.
• A surgeon leaving a foreign object inside the patient after surgery.

The medical team operating poor hygiene, such as failing to properly sterilise instruments, and thereby causing an infection.

Anaesthesia is an integral aspect of healthcare. By preventing nerve signals from reaching the brain, it allows medical professionals to administer treatment without the patient feeling any pain.

Anaesthesia can be local, regional, or general, and the type required depends on the procedure that is being carried out. General anaesthesia is used for more serious operations, rendering the patient unconscious and unable to move. Most medical negligence claims relating to anaesthesia arise in relation to general anaesthesia.

Examples of negligence in the context of anaesthesia include the following:

• A healthcare professional administering the incorrect dosage of anaesthesia. Too little anaesthesia can result in a patient waking up before the procedure is complete, whereas too much can cause serious issues, such as a brain injury.
• A healthcare professional failing to properly monitor the patient during the procedure and so missing critical signs, such as a drop in their heart rate.
• A healthcare professional failing to administer the anaesthesia in time.
• A healthcare professional failing to respond to complications.
• A healthcare professional administering the anaesthesia incorrectly, which can cause nerve damage.

According to the British Medical Journal, over 237 million prescription errors occur in England each year, leading to people taking the wrong medication. Often, an error is identified and remedied with no damage caused. However, some prescription errors can cause serious harm or even death.

Examples of medical negligence in the context of prescription errors include the following:

• A medical professional prescribing the wrong medication.
• The pharmacy giving the wrong medicine.
• A medic prescribing the correct medicine but at the wrong dose.
• A patient being prescribed several types of medication that are unsuitable to be taken together.
• A patient suffering severe side effects after being prescribed unsuitable medication.

A birth injury can have a catastrophic impact on a patient and their family members, leaving the victim in need of lifelong care. If you or your baby received substandard medical treatment and suffered injury or harm before, during, or after childbirth as a result, you may be able to claim medical negligence compensation.

While some birth injuries are unavoidable, others can be attributed to the negligence of the medical team. Examples of medical negligence in the context of birth injuries involving the mother include the following:

• Medical staff failing to properly manage pre-eclampsia.
• Medical staff wrongly performing an episiotomy.
• Medical staff damaging the mother’s internal organs during a caesarean delivery.

Examples of medical negligence in the context of birth injuries involving the baby include the following:

• Medical practitioners failing to notice or act on indications during the pregnancy that there may be problems with the baby, such as irregular growth patterns.  
• Medical practitioners failing to properly monitor the baby during birth and missing critical issues, for example, problems with the baby’s heartrate.
• Medical practitioners delaying delivery of the baby in circumstances where swift action is required to avoid serious harm.
• Medical malpractice during delivery, for example, applying forceps incorrectly and causing brain injury.

Dental negligence occurs when a dental healthcare professional, such as a dentist, orthodontist, or hygienist, makes a mistake that causes the patient injury or harm. Patients who receive substandard dental care can be left in considerable pain and require corrective treatment.

Examples of negligence by dental professionals include the following:

• Dental healthcare professionals misdiagnosing oral cancer.
• Dental healthcare professionals failing to properly treat gum disease thereby allowing it to spread.
• Dental healthcare professionals performing procedures such as tooth extractions poorly, causing serious harm, such as nerve damage.
• Dental healthcare professionals carrying out substandard cosmetic dentistry.