Common Examples of Medical Negligence

Medical negligence occurs when a healthcare provider fails to deliver care that meets the standard that can reasonably be expected of them, causing avoidable harm to a patient.

While most medical professionals provide a high standard of care, mistakes can and do sometimes happen. Common examples of medical negligence include diagnostic errors, surgical errors, medication errors, GP negligence and birth injuries.

Medical malpractice and negligent medical care can have serious consequences and can even be fatal. It is essential to remember that if you or a loved one suffered an avoidable injury or illness, you may be eligible to make a clinical negligence compensation claim.

Find out if you can claim

Call 0800 470 0474 now or request a call back below:

Call me back

By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.

Table of Contents

• What are the most common examples of medical negligence?
• Medical misdiagnosis
• Delayed diagnosis
• Surgical errors
• Anaesthesia errors
• Dental negligence
• Pregnancy and birth injuries
• GP negligence
• Prescription errors
• Hospital-acquired infections
• Am I eligible to make a medical negligence claim?
• How do you prove a clinical negligence case?
• What is the average payout for these common examples of medical negligence?
• Key takeaways

What are the most common examples of medical negligence?

Below, we discuss some of the most common examples of medical negligence:

Medical misdiagnosis

Medical misdiagnosis is one of the most common types of medical negligence, and may affect as many as 1 in every 14 patients. This occurs when a doctor fails to identify a condition correctly, often because they:

• Do not ask sufficient questions about your symptoms or medical history.
• Do not order tests or fail to order the correct tests, such as bloodwork, X-rays or CT scans.
• Misinterpret your test results and come to the wrong conclusion.
• Fail to act correctly on test results.
• Attribute symptoms to a minor illness without ruling out more severe conditions.

The consequences of a missed diagnosis can range from prolonged and avoidable pain and suffering to life-threatening complications. Some of the most commonly misdiagnosed conditions include:

• Cancer, in which case it can progress to a more advanced, less treatable stage.
• Heart attacks and strokes in A&E departments can be mistaken for less severe conditions.
• Infections that develop into sepsis due to delayed treatment.
• Cauda equina syndrome, a severe condition that can lead to paralysis and loss of bowel and bladder control.
• Autism, which can result in emotional distress, anxiety, depression and a lack of appropriate support.

Delayed diagnosis

A delayed diagnosis is a type of medical error that occurs when a doctor takes too long to diagnose a condition that should have been identified earlier. This can be due to similar reasons to a misdiagnosis, including:

• Failing to order diagnostic tests or misinterpreting test results.
• Rushing through consultations and not assessing symptoms carefully.
• Failing to make an appropriate specialist referral.

A delayed diagnosis can cause avoidable pain and can affect your recovery prospects and prognosis. In some cases, a late diagnosis of conditions such as cancer, stroke or sepsis can lead to long-term disability and even have fatal consequences.

Surgical errors

While all surgery carries some inherent risks, they are usually performed without serious complications, both in NHS and private hospitals. However, errors can and do sometimes occur during surgical procedures. Common causes of surgical errors include:

• Poor communication between the surgical team members.
• Inadequate pre-operative planning.
• Fatigue or lack of experience of the medical staff.
• Human error, lack of attention, and insufficient supervision.
• Failing to mark the surgical site and complete a surgical checklist before the intervention.
• Not following established surgical protocols and guidelines.

When surgical mistakes happen due to negligence, the consequences can be devastating and can include permanent injury, disability, or even death. General surgery negligence accounts for 8.3% of all claims made against the NHS. Common types of surgical errors include:

• Operating on the wrong body part or patient.
• Damage to organs and tissues.
• Leaving foreign objects inside the body.
• Poor hygiene practices leading to infections.
• Failing to monitor the patient during or after surgery.
• Failing to identify and treat complications.

Anaesthesia errors

Anaesthesia is an essential part of many medical procedures, including surgery, diagnostic tests such as endoscopies, dental work, biopsies and childbirth. This can be local, regional, or general, depending on the procedure that needs to be carried out.

It is not unusual to experience mild and temporary side effects from anaesthesia, such as nausea, dizziness, and a sore throat. However, anaesthesia negligence can be catastrophic and involve:

• Administering too much or too little anaesthetic.
• Failing to monitor the patient’s reaction and vital signs.
• Failing to respond to anaesthetic complications.
• Not checking the patient’s medical history for allergies or drug interactions.
• Failing to control the IV flow rate.

These and other types of negligence related to anaesthesia can result in:

• Severe allergic reactions.
• Anaesthetic awareness.
• Brain damage caused by oxygen deprivation.
• Permanent nerve damage.
• Long-term psychological trauma.
• Wrongful death.

According to NHS Resolutions, claims related to anaesthesia have cost the National Health Service £115 million between 2008 and 2018.

Dental negligence

Dental negligence occurs when a dentist, orthodontist, oral surgeon, or hygienist provides substandard treatment, resulting in avoidable pain, injury, or the worsening of a condition. Examples of dental negligence include:

• Failing to detect cavities, tooth decay or gum disease.
• Removing the wrong tooth.
• Damaging nearby teeth or nerves during an extraction.
• Poorly fitted crowns, fillings or bridges.
• Failed root canal treatments.
• Failing to fit braces correctly or monitor orthodontic progress.
• Errors in cosmetic dentistry, such as veneers, implants or whitening.
• Poor hygiene standards leading to infections.

Between 2015 and 2020, 492 claims for dental negligence were made against the NHS. The most frequently reported injuries were tooth damage, unnecessary pain and nerve damage.

Pregnancy and birth injuries

On average, there are over 500,000 babies born each year in the UK, and most of these are delivered successfully. Unfortunately, though, it is not always the case. Thousands of mothers suffer birth trauma, and around 4 in every 1,000 babies suffer a birth injury each year in the UK. Such injuries are mainly due to negligent medical care, such as:

• Failing to diagnose or manage maternal conditions such as pre-eclampsia or gestational diabetes.
• Failing to identify complications during routine ultrasound scans.
• Failing to recognise or respond to foetal distress.
• Misuse of tools such as vacuum extractors or forceps.
• A lack of maternal screening.
• Delayed or negligent C-sections.
• Failing to identify or treat jaundice, hypoxia, or infections in the baby.
• Failing to identify retained foetal tissue or placenta.
• Negligent episiotomy or failing to perform an episiotomy.

In the mother, medical negligence can lead to perineal tears, haemorrhage, infections and psychological injuries such as post-traumatic stress disorder (PTSD). Possible injuries to the baby include:

• Cerebral palsy.
• Erb’s palsy.
• Brain damage and developmental issues.
• Fractures.
• Facial paralysis.
• Stillbirth or neonatal death.

GP negligence

General practitioners are typically the first healthcare professionals we consult when we are not feeling well. We expect them to listen to our symptoms and provide competent medical treatment or refer us to a specialist when needed.

While most GPs deliver a high standard of care, that is not always the case. Examples of GP negligence include:

• Prescribing the wrong medication or dosage.
• Dismissing the symptoms of a serious condition, such as cancer or heart disease.
• Delayed referrals to specialists.
• Failing to act on abnormal test results.
• Overlooking key risk factors such as family history or allergies.
• Failing to perform a sufficient examination.

Failing to receive proper care from your GP can result in the delayed diagnosis of serious conditions, the worsening of your condition, severe side effects from medication and emotional distress. In some cases, you could even suffer life-threatening harm.

Prescription errors

Prescription errors are among the most common forms of medical negligence cases. Each year, more than 237 million medication errors are made in England, resulting in more than 1,700 deaths and losses of more than £98 million for the NHS.

Prescription errors can occur in hospitals, care homes, GP surgeries or pharmacies and include:

• Being prescribed the wrong medication due to a misdiagnosis or poor communication.
• Being prescribed a dosage that is too high or too low.
• Being prescribed a drug that you have a known allergy to.
• Failing to consider interactions with other medications you are taking.
• Being given the wrong prescription at the pharmacy.

Taking the wrong medicine could result in various consequences, including:

• Mild side effects such as nausea, dizziness, or rashes.
• The worsening of your condition.
• Serious health complications, such as organ damage.
• Life-threatening allergic reactions or overdose.

Hospital-acquired infections

Hospital-acquired infections (HAIs) are a serious concern and a common medical negligence example. According to the UK Health Security Agency (UKHSA), HAIs were present in 7.6% of patients in 2023, a 1% increase from the last reported figures in 2016.

The most common types of hospital infections include MRSA, Clostridium difficile, E. coli, enterococcal infections, and urinary tract infections.

These pose a significant risk to vulnerable people, such as those with weakened immune systems or open wounds, and kill around 5,000 patients each year in England. Common causes of HAIs include:

• Not washing hands properly between patients.
• Inadequate sterilisation of surfaces, tools and equipment.
• The incorrect use of antibiotics causing antibiotic-resistant bacteria to spread.
• Failing to screen and isolate contagious patients.
• Improper wound care.
• Failing to wash the bedding sufficiently.

Am I eligible to make a medical negligence claim?

A specialist medical negligence solicitor can let you know whether you are eligible to make a clinical negligence claim following a free consultation over the phone. They will investigate your case to determine whether:

• A medical professional owed you a legal duty of care.
• The care they provided fell below the standard accepted as reasonable in their field.
• Their negligence directly led to an injury, illness, or the worsening of your condition.
• You are within the legal time limit to start a claim.

Usually, there is a three-year time limit to make a medical negligence case, starting from when the negligence was discovered. However, there are a few exceptions to this rule, which you can read about here: How long do I have to make a personal injury claim?

How do you prove a clinical negligence case?

If they take on your case, your solicitor will help you gather all the evidence you need to prove medical negligence and guide you through all the steps of the claims process. Helpful evidence includes:

• Medical records, including doctors’ notes, test results, scans, X-rays, and treatment details.
• Independent medical reports from specialists who can confirm whether the duty of care was breached and how this has affected you.
• Photographs of visible injuries caused by the negligent healthcare professional.
• Statements from you, family members and anyone who saw your condition before and after the negligence occurred.
• Copies of correspondence with the healthcare provider, such as emails, letters and formal complaints.
• Proof of related financial losses and expenses, such as payslips, receipts, invoices and bank statements.

What is the average payout for these common examples of medical negligence?

The medical negligence compensation awarded to claimants is calculated on a case-by-case basis, taking into account the type and severity of each injury. This will cover two types of damages:

• General damages, awarded for pain, suffering and loss of amenity.
• Special damages, awarded for related financial losses and expenses.

According to our online compensation calculator, which is based on the Judicial College Guidelines, you could receive:

• £60,000 to £100,000 for severe injuries to internal organs.
• £1,940 to £11,200 for a minor brain injury with no permanent damage.
• £21,730 to £56,180 for moderately severe PTSD causing significant disability.
• £43,060 to £219,070 for cerebral palsy causing intellectual deficit and high risk of epilepsy.
• £1,020 to £1,600 for minor damage to teeth that can be corrected.
• £36,770 to £122,860 for severe pelvic injuries to the mother caused by obstetric negligence.
• £8,110 to £281,520 for the wrongful amputation of a body part.

Key takeaways

While most healthcare providers offer competent care that meets the standard expected of them, medical negligence can sometimes occur. This can take many forms, from misdiagnosis and prescription errors to birth injuries and hospital-acquired infections.

If you believe a medical professional has negligently treated you, do not hesitate to seek a second opinion. You should also contact a specialist solicitor as early as possible, as you may be eligible to claim medical negligence compensation.

For a free consultation and legal advice, call 0800 470 0474 today or request a call back.

Last edited on 6th Oct 2025

With over 15 years’ experience in the legal sector, Nicholas Tate (LLB Hons, LLM in Health Law) has extensive experience across all areas of personal injury and medical negligence claims.