What is medical negligence ... and do I have a case?

What is medical negligence ... and do I have a case?

When we seek medical care, we put our trust in professionals to act with skill, attention, and care. Unfortunately, mistakes sometimes happen — and when they do, they can have life-altering consequences. If you believe something went wrong during your treatment, you may be wondering whether you might be able to bring a claim.

At CNCI, we specialise in helping individuals and families across the UK understand their legal rights following a medical injury. This guide explains how to determine whether you may have a valid claim — and what steps you can take next.

What Is Medical Negligence?

Medical negligence (also called clinical negligence) happens when a doctor, nurse, hospital or other healthcare provider fails in their duty of care, leading to avoidable harm to the patient. This could happen in an NHS or private setting; in hospitals, clinics, or in GP or dental surgeries,.

Negligence can take many forms, including:

• Misdiagnosis or delayed diagnosis
• Surgical mistakes
• Medication errors
• Failure to obtain informed consent
• Negligent maternity or birth care
• Poor aftercare or follow-up.

This is just a brief list of examples - there are many other events and issues that might give rise to a claim.

In summary, not every negative outcome means negligence occurred — but if the care you received fell below a reasonable standard and caused harm, you may have grounds to make a claim.

Three Things You Need to Prove

To pursue a medical negligence case, you typically need to show three key elements:

1. Duty of Care

The healthcare provider had a legal responsibility to care for you. This is straightforward — all medical professionals owe a duty of care to their patients.

2. Breach of Duty

The care you received fell below acceptable standards. For example, a GP might have failed to refer you for tests when your symptoms clearly warranted it.

3. Causation

You suffered harm or loss because of that substandard care — not due to your underlying condition or an unrelated cause.

Proving these elements usually requires expert medical evidence. At CNCI, we work with independent specialists who can assess your case and provide objective opinions on what went wrong.

The impact of medical negligence.

This varies from case to case, but in some circumstances the failings in care can have very serious, or life-threatening consequences, for example

• A delayed diagnosis can result in cancer spreading and affect the available treatment options.
• A baby, deprived of oxygen deprivation during a difficult delivery, may suffer brain damage.
• A patient receiving incorrect medication might suffer side-effects from the treatment, but might also experience a deterioration in their condition because they haven't received the correct medication.

If you recognise anything similar in your experience, or if you have concerns about your treatment, it’s worth speaking with a solicitor to explore your options.

Time Limits: Don’t Wait Too Long

In England and Wales, you usually have three years from the date of the negligence — or from the date you first became aware of it — to begin a Court claim. There are exceptions:

• For children, the three-year clock starts on their 18th birthday
• For individuals lacking mental capacity, there may be no time limit
• In fatal cases, families typically have three years from the date of death to start the Court claim

Even if you’re unsure about timing, it’s better to speak to a solicitor sooner rather than later. Claims usually need careful investigation before any Court action is commenced, so seeking advice at an early stage, and well before any deadline, is important.