A Guide To The Most Common Types Of Medical Negligence Litigation

Medical negligence claims are a form of civil litigation. These claims are often intended to provide patients with compensation after they have had their lives negatively impacted by medical treatment or a lack of adequate medical treatment. Not all medical negligence claims result in compensation, although a good lawyer will always advise you realistically on your chances of victory. Here are some of the most common reasons for medical negligence claims.


The misdiagnosis – or failure to diagnose – a medical condition can have many very serious ramifications for patients and their families. Patients may be prescribed the wrong medication or given unnecessary surgery. In some cases, patients may miss out on the opportunity to reverse their symptoms or have a condition treated altogether. Addiction to opioids following a misdiagnosis is relatively common, especially in the United States of America. Patients are entitled to seek compensation if they have sufficient evidence that they have been misdiagnosed in such a way as to cause them distress, injury, or illness.

Man in a White Coat
Misdiagnosis The Most Common Source of Litigation

Surgical Negligence

All surgery carries with it some degree of risk – this is unavoidable. However, when undue risks are taken, legal firms like Aston Knight Solicitors might need to get involved. If surgery is unnecessary or conducted without a patient’s full consent, then said patient might be entitled to compensation. If surgical instruments are left inside a patient (a surprisingly common occurrence) or if wounds are not correctly sutured, a negligence claim can also be made. Surgeons are highly trained individuals, but they are only human and can make mistakes. In cases of surgical negligence, patients often have to spend considerable time undergoing rehabilitation.

man with thumb up in green operating gown
Surgical Negligence is Rare But Can happen

Long-Term Negligent Treatment

Many people living with disabilities experience long-term negligent or dismissive treatment from medical professionals. This can have a massive impact on a person’s quality of life and impact decisions that they make regarding medical treatment. Long-term negligent treatment is very hard to prove in court unless sufficient quantitative evidence has been accumulated.

Dental Negligence

Dentists who fail to work on their patients safely or otherwise ‘mess up’ can often be sued for negligence. If, for instance, a dentist actually drills through the root of a tooth and causes an infection, they may end up having to pay compensation.

Anaesthesia Negligent Practice

Anaesthesia, meaning ‘loss of sensation’, is an essential part of modern medical practice. Both general and local anaesthetics are given to patients before medical procedures in order to prevent acute pain. In the vast majority of cases, anaesthesia doses are measured very accurately according to the weight of the patient. When used correctly, anaesthesia poses very little risk to the patient.

Unfortunately, accidents do happen – often due to negligent conduct. An overdose of general anaesthetic, for instance, can lead to prolonged unconsciousness, brain damage, and long-term physical impairment. If professionals fail to measure anaesthesia doses correctly or take into account a patient’s unique medical conditions, then they can be liable for the costs incurred by the patient.

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