Medical negligence also known as clinical negligence is one of the most complex, sensitive and often misunderstood areas of law. And with healthcare being such a critical part of our lives, it’s no surprise that we are often overwhelmed with misinformation, assumptions, and myths. Maybe you’ve heard stories from friends or family, seen a headline in the news, or most commonly read something on social media that’s made you question what’s true.
If you’re trying to understand your rights, then it’s important to separate the fact from the fiction, as understanding the reality is crucial for anyone considering a legal claim. So, let’s take a look at some of the most common myths about medical negligence and debunk them together.
Myth 1: “Medical mistakes are just another word for negligence.”
One of the most common myths is that all mistakes are classed as negligence and the two can be interchangeable. However not all medical mistakes, complications or poor outcomes are the result of negligence. Medical procedures do carry risks, and sometimes, even when everything is done correctly and all appropriate procedures are followed, things can still go wrong.
Negligence only occurs when a healthcare professional fails to meet the accepted standard of care expected from them, and that failure then causes harm. For a successful claim, it must be proven that the defendant breached their duty of care and that this breach directly caused harm to the patient. Find more on types of negligence here.
Myth 2: “There’s no time limit for bringing a claim.”
Unfortunately, there are time restraints for starting a medical negligence claim, this is known as the limitation period. This period can vary depending on where you are from, in England and Wales this is 3 years from the date the negligence occurred or the date you first became aware of the negligence. There are exceptions to this rule, find out more here.
We always recommend seeking legal advice as soon as possible to understand the specific time limits that may apply to your case.
Myth 3: “You’ll have to go to court.”
Many people fear that making a claim will result in a lengthy and stressful court battle. But in reality, most medical negligence claims are settled through out of court negotiations. Only in occasions where negotiations fail, will the case need to enter court proceedings. If this happens, your dedicated solicitor will always go through the next steps with you.
Myth 4: “Only doctors can be held responsible for negligence.”
Medical negligence can involve anyone in the healthcare system, if their actions or lack of actions fail to meet professional standards and have caused harm, they could be held legally accountable. Medical negligence claims can be brought against any healthcare provider, including GP’s , nurses, midwives, surgeons, anaesthetists, radiologists etc and even the hospital or clinic itself.
Myth 5: “Suing a doctor ruin their career.”
Yes, legal accountability is serious, but a single negligence claim does not usually end a medical professional’s career. Most professionals are insured against claims and lawsuits, but more often than not legal action will drive improvements in healthcare and training and can result in improved system changes.
Don’t believe everything you hear
Medical negligence is a serious issue, but misinformation only makes things harder for both patients and healthcare providers. As a law firm specialising in medical negligence, we believe in empowering our clients with accurate information. And we believe understanding what qualifies as negligence, how a claim works, and patients understanding their rights, encourages everyone to navigate the healthcare system more safely and confidently.
We are here every step of the way
At MLP, our team is here to guide you through your medical negligence claim with clarity, compassion, and expertise. If you’ve suffered harm due to substandard care, misconceptions should never stand in the way of you seeking the justice, clarity, or compensation for negligence that you deserve.
If you believe yourself or your loved one has been affected by medical negligence, contact us for a free confidential conversation. Time matters, and so does your health. Let’s chat and break the stigma 0800 014 7551 or fill in our contact form and we’ll give you a ring back as soon as possible.