While many people receive excellent medical care, mistakes, malpractice, and negligence can and do occur.
If you’ve been harmed or injured as a result of medical malpractice, you may feel reluctant to pursue it further. Many people feel that their case isn’t substantial enough or that making a claim against a large organization such as the NHS would be unsuccessful.
But nobody should suffer the hurt and distress that can result from medical malpractice, and that’s why you need to get professional advice.
What Constitutes Medical Malpractice, and Who Might Be Able to Make a Claim?
What medical errors constitute bad practice?
Medical malpractice occurs when a healthcare professional or provider makes a mistake or fails in their duty of care, making a condition worse or causing injury.
This may include omitting appropriate action, neglecting to administer suitable treatment, or providing substandard care that harms, injures, or causes someone to die. Medical malpractice occurs through medical errors in diagnosis, medication dosage, health management, treatment, or aftercare.
The five most common types of medical malpractice include:
- Misdiagnosis – When the medical professional fails to diagnose an illness
- Surgical errors – Errors that cause harm, injury, or death during surgery
- Birth injuries – Harm caused during childbirth
- Failure to treat – When a medical professional fails to treat you
- Prescription drug errors – When the wrong medication is given
These are only some of the most common causes of medical malpractice. If you’ve had a medical treatment that has negatively impacted your life in terms of pain, quality of life, or loss of income, it may be a result of medical malpractice.
Which Medical Professionals Are Most Commonly Involved in Bad Practice Claims?
Anyone delivering surgical or medical services to the public may be involved in medical malpractice claims. Some of the most commonly involved include:
- Doctors
Both GPs and specialists are frequently involved in medical negligence cases. This may be due to delayed or incorrect diagnoses, a failure to refer patients to specialists, or prescribing the wrong treatment. - Surgeons
Surgical malpractice claims are common due to the high-risk nature of the work. Any errors during surgery, such as performing the wrong procedure or causing unnecessary damage to tissues or organs, may result in significant harm. With more people accessing cosmetic surgery, claims against cosmetic surgeons have also increased. - Nurses
Nurses are on the frontline of patient care, and if standards slip, they can face medical malpractice claims. Common allegations include failure to follow protocols, medication errors, or improper handling of medical equipment. - Midwives
Midwifery claims are often related to injuries sustained during childbirth, both to the mother and baby. Brain injuries from delayed delivery, failure to monitor fetal distress, or inappropriate use of instruments can lead to significant pay-outs and scrutiny. - Anaesthetists
Malpractice claims against anaesthetists can occur if a patient is given too much or too little anaesthetic, leading to complications such as traumatic awareness during surgery, severe pain, or even brain damage. - Pharmacists
Pharmacists may face claims if they dispense the incorrect dosage or the wrong medication, potentially causing serious harm. Errors in dispensing can lead to adverse reactions, ineffective treatment, or overdoses. - Radiologists
The incorrect interpretation of X-rays, MRIs, or CT scans may delay diagnosis, resulting in an impaired prognosis. - Physiotherapists
Inappropriate or poorly administered physiotherapy may result in significant pain or even permanent injury, making it a frequent subject of medical malpractice claims.
Other professionals who may be subject to a medical negligence claim include dentists, ophthalmologists, paramedics, and care workers.
Which Signs Indicate You May Have Experienced Medical Negligence?
Sometimes determining whether medical malpractice has occurred isn’t straightforward. We might make excuses for our medical professionals or feel that we are somehow to blame. However, misdiagnosis, poor treatment, and surgical errors do occur, and your suffering should not be ignored.
You might be a victim of medical malpractice if:
- Your treatment hasn’t worked, or your condition does not improve
- Your condition worsens, or another condition develops as a consequence of the treatment
- Another medical professional offers a different opinion
- Your doctor dismisses your concerns
- You’ve been informed that an error was made during surgery
- Your health declines as a result of poor aftercare
What Can Happen If Bad Practice Goes Unreported?
Medical negligence should be reported, as bad practice can lead to severe consequences for patients.
When bad practice is highlighted, professionals have an opportunity to reassess working methods, workload, roles, and other factors that may have contributed to malpractice. In some cases, professionals unable to meet required standards may be asked to retrain or leave their roles.
This reflection and improvement are essential if healthcare services are to provide the standard of care and attention expected by patients.
What Do You Need to Make a Medical Malpractice Claim?
If you suspect you have been a victim of medical malpractice, it’s essential that you contact our specialist team as quickly as possible.
You can first make a complaint to the hospital or healthcare provider so they can conduct their own investigation. This may help them determine if anyone is responsible for the outcome.
Additionally, you’ll need to allow your solicitor access to your medical records so medical malpractice can be proven.
How Much Compensation Can You Get for Medical Malpractice?
The size of any compensation payout will depend on the details of the case. Medical malpractice settlements can range from around £1,000 to multi-million-pound amounts.
If you would like to discuss a medical malpractice claim, please don’t hesitate to get in touch with us today or visit our medical negligence page for more information.