Photo: César Badilla Miranda
When you seek medical treatment, you put your trust in the hands of professionals trained to help, heal, and support you. Often, that trust is well placed. However, when healthcare goes wrong – when it causes harm instead of providing help – it can leave you feeling helpless, angry, or unsure of what to do next.
Understanding medical negligence puts you in a better position to protect yourself, assert your rights, and take meaningful steps when something feels off. You don’t need to have all the answers straight away, but knowing what to look out for – and where to turn – can make a big difference.
#1. What Medical Negligence Really Means
Medical negligence happens when a healthcare provider gives care that falls below the accepted standard, and you suffer harm as a result. It’s not about small mistakes or risks that come with complex treatments. It’s about avoidable errors – things that trained professionals should have done differently.
For example, if a doctor misdiagnoses you and that delay means you miss out on early treatment, that could be negligence. The same applies if a surgeon makes a preventable error during an operation, or if a pharmacist gives you the wrong medication and it worsens your condition. These aren't just unfortunate incidents – they may point to serious failures in care.
To show that negligence occurred, three things must be true:
- The healthcare provider owed you a duty of care.
- They breached that duty by giving care below acceptable standards.
- That breach caused direct harm – physically, emotionally, or financially.
It’s important to understand that not every poor outcome is negligent. Medicine isn’t perfect, and sometimes things go wrong despite everyone doing their best. But if a professional didn’t follow proper procedures or ignored clear risks, you have every right to question their actions.
#2. How to Recognise the Signs
Spotting negligence isn’t always straightforward. But if you feel something isn’t right, don’t dismiss that instinct.
Maybe your symptoms haven’t improved after repeated visits, and no one’s giving you a clear explanation. Perhaps you’ve been told conflicting things by different doctors, or the treatment plan doesn’t seem to fit your condition. You might have had a procedure and then experienced unexpected complications that no one warned you about, or no one followed up on.
If any of this sounds familiar, start keeping detailed notes. Record the dates of appointments, what symptoms you reported, the tests or treatments you received, and how you felt afterward. Include conversations with doctors and nurses, especially if you raised concerns and didn’t feel heard.
This kind of information gives you a clearer picture of your care journey. It also becomes vital evidence if you decide to take further action later. You don’t need to know for sure whether negligence occurred – you just need to recognise when something doesn’t add up and take steps to understand why.
#3. Why Speaking Up Matters
You might hesitate to raise concerns. Maybe you don’t want to cause trouble, or you're unsure whether what happened is serious enough. But addressing potential negligence isn’t just about getting compensation – it’s about protecting your wellbeing and holding the system accountable.
In 2023/24, over 13,700 clinical negligence claims were made in the NHS. More than half of them ended with compensation, helping patients cover the costs of extra treatment, therapy, mobility aids, or time off work. These payments aren’t about profit – they’re about making recovery possible.
And there’s a broader impact, too. Every time a patient raises a valid concern, it helps the NHS learn from its mistakes. Claims can reveal patterns of poor care, highlight training gaps, or push for safer systems. Your action today could prevent harm to someone else tomorrow.
Photo: Elen Sher
#4. What You Can Do If You Suspect Negligence
If you believe your care caused harm, start by gathering your medical records. You have the legal right to request these from your GP, hospital, or private provider. Ask for all notes, test results, letters, and discharge summaries. These documents help you build a timeline and identify where things might have gone wrong.
It also helps to seek a second opinion from an independent doctor. Another professional can explain whether your treatment was appropriate or if errors were made. They may notice something your original team missed – or confirm your concerns with fresh insight.
Try to speak directly with the provider who treated you. In some cases, a simple conversation clears up confusion or leads to an apology and action. Many hospitals now use the Duty of Candour approach, which means they must be honest with you if something went wrong.
However, if you still feel your concerns aren’t taken seriously, it’s time to contact a solicitor who specialises in medical negligence. Look for someone who offers a free initial consultation and works on a no win, no fee medical negligence basis. This removes the financial risk of making a claim and ensures they only take on cases with genuine merit.
A good solicitor will listen carefully, explain your legal rights in plain English, and let you know what to expect at every step. You remain in control of your decisions the whole way through.
#5. Where to Turn for Support
You don’t have to face this process alone. The right legal team can guide you with sensitivity and focus. They’ll review your records, consult medical experts, and help you understand whether you have a strong case before anything is filed.
Thanks to recent improvements in the NHS Resolution's Clinical Negligence Claims Agreement (2024), the process is now smoother and more transparent. This agreement encourages early resolution, open dialogue, and fair outcomes without unnecessary delays.
For more personalised support, there are organisations that are tailored to help individuals navigate complex health-related claims. They can offer insight even before you formally start a claim, helping you feel more informed and less overwhelmed.
Final Thoughts: You're Not Alone...
Suffering from medical negligence can shake your trust, not just in doctors, but in the whole system. But it doesn’t mean you’re stuck. By understanding your rights and seeking the right support, you can take back a sense of control and make informed decisions about your next steps.
Whether you’re still unsure or ready to take action, you deserve to be heard. Speaking up not only helps you – it helps others too. And that’s a step worth taking.
