Understanding Your Rights as a Patient: What to Do When Medical Treatment Goes Wrong

The overwhelming majority of medical treatments in the UK are administered safely and appropriately. But human error means that sometimes, treatment can go wrong. While this isn’t something that many patients will want to think about, it’s important to know your rights, and the options available to you.

When Medical Treatment Doesn’t Go as Expected

Substandard medical care can take many forms. You might receive an incorrect diagnosis, which results in your being prescribed an ineffective treatment. You might undergo surgery, which is performed to a poor standard. You might suffer from delays, and administrative problems at the pharmacy.

It’s important to note that not all of these failures will qualify as medical negligence. For negligence to have occurred, the treatment will need to be of a standard below that of a competent practitioner, and the patient will need to have been harmed as a result.

Knowing Your Rights as a Patient

As a patient, you’re protected by a number of special rights. These include the right to seek a second opinion, and the right to access your records. If you want to learn about your rights and how they might apply to your situation, then there’s a free independent service called the Patient Advice and Liaison Service (PALS).

The rights that you enjoy are subject to change over time. For example, in 2024, Martha’s Rule was implemented, empowering patients to voice their concerns about any perceived deterioration in their condition.

Steps to Take if You Suspect an Issue

If you suspect that you’ve undergone a treatment that has led to harm, and would therefore qualify as negligent, then it’s important to gather as much evidence as possible. This might include correspondence from the provider of the treatment. A skilled solicitor specialising in medical negligence might then be able to extract compensation on your behalf. Damages will cover not just the suffering you’ve endured, but also any costs you might have incurred as a result of your mistreatment.

Seeking Support and Resolution

In most cases, compensation claims are settled out of court, on a no-win, no-fee basis. This means that the burden on the claimant is minimal. As such, claims of this kind are often worth pursuing. Before this path is considered, however, you’ll want to raise your concerns with the medical provider (typically the NHS). This might allow you to benefit from a change in your treatment, before harm has a chance to be inflicted.