Medical Negligence vs. Medical Malpractice – what’s the difference?

What is the most common type of Medical Negligence/ Medical Malpractice

The most common type of medical negligence (or medical malpractice) in the UK involves misdiagnosis or delayed diagnosis, where a healthcare professional fails to identify and diagnose a condition accurately or promptly, leading to improper treatment or worsening of the patient’s condition. Other examples of medical negligence (or medical malpractice) include instances of a doctor failing to recognise concerning symptoms or misinterpreting test results, which leads to a delay in a cancer diagnosis and treatment, or a hospital not reading x-rays or scans correctly resulting in a missed diagnosis. Medical negligence can also arise from incorrect treatment or surgical mistakes such as operating on the wrong body part, performing the wrong procedure or leaving surgical instruments inside a patient, medication errors or injuries arising from birth such as improper use of forceps, failing to monitor a baby’s heart rate  during labour, or delays in performing a necessary caesarean section.

In order for a person to establish a medical negligence claim, you must be able to prove:

1. Breach of Duty of Care – you must be able to prove that the care you received fell below the standard to be expected of a reasonably competent healthcare provider. Copies of your medical records will need to be obtained and thereafter it is likely evidence from an independent expert in the same discipline as the healthcare provider who treated you, will be required.
2. Causation – you must be able to show that the breach of duty of care caused you to suffer with an injury or damage (or made any condition worse). It is likely that a further independent expert report will be required to show what has been caused by the breach of duty. Causation is often the most difficult element to prove.

In the UK, a significant proportion of medical negligence claims are settled out of court, with a high percentage of cases resolved without the need for formal court proceedings. In 2023/2024, just over 52% of claims were successful and compensation was awarded, with the average payment of compensation being approximately £55,000.

There are strict timescales involved in bringing a medical negligence/ medical malpractice case and you should contact a specialist firm of solicitors for legal advice as soon as you become concerned about the level of care you have received.

Minimise the impact

Rachael Flanagan, Head of Medical Negligence at Alsters Kelley said. “If you, or a loved one, has been harmed by a healthcare practitioner our advice is to seek legal advice from a specialist solicitor who specialises in medical negligence (medical malpractice). They will be able to assess your case and guide you through the process.”

Rachael continues. “Making a medical negligence claim is complex and can take time. When choosing a solicitor to represent you, select one who is sensitive, empathetic, highly skilled and has experience of dealing with your type of case. Our clinical negligence lawyers have decades of experience in supporting people as they effectively navigate complex legal processes and advocate for their clients, whilst also helping them to achieve the level of compensation they deserve and/or appropriate ongoing care or rehabilitation.”

Free initial meeting for support and advice

If you have any concerns about the treatment either you, or someone you know, has received and would like help or advice, please contact Rachael Flanagan on 01926 356030 or email rachael.flanagan@alsterskelley.com.