3 Feb 2026
Debunking 5 myths around clinical negligence claims
Clinical negligence claims continue to be one of the most sensitive and often misunderstood areas of modern healthcare, particularly among medical professionals who enter the profession with a clear ethical commitment to patient welfare, professional integrity and continuous improvement. Yet, despite this shared foundation, misconceptions around clinical negligence remain widespread throughout the NHS and wider healthcare system, often creating hesitation, discomfort or silence at precisely the point where transparency, reflection and learning are most needed.
Throughout recent years, regulatory bodies including the General Medical Council (GMC), NHS Resolution and the Care Quality Commission have consistently emphasised that openness, accountability and early identification of risk are essential to improving patient outcomes and maintaining public confidence in healthcare services. However, persistent myths around clinical negligence claims can act as a barrier, discouraging professionals from engaging constructively with the process or from supporting patients who are seeking answers after avoidable harm.
Below, we explore 5 of the most common myths surrounding clinical negligence claims, why they continue to exist, and how addressing them openly supports not only patients, but clinicians, organisations and the long term resilience of the NHS itself.
Myth #1: Speaking up about clinical negligence is disloyal to peers
One of the most entrenched beliefs within clinical environments is that highlighting potential negligence equates to betraying colleagues or undermining professional solidarity. In reality, the opposite is true.
Professional guidance from the General Medical Council and the Nursing and Midwifery Council (NMC) makes it clear that raising concerns about patient safety is a core professional responsibility, not an act of disloyalty. In fact, the GMC’s Good Medical Practice guidance which was updated in 2024 and fully embedded throughout 2025, now explicitly states that doctors must take prompt action if patient safety is compromised, including raising concerns where systems, decisions or behaviours risk harm.
This principle is further reinforced by the statutory Duty of Candour, which places a legal obligation on healthcare providers in England to be open and honest with patients when things go wrong, which means that from this perspective, raising concerns is not about blame, but about honesty, learning and preventing future harm.
Overall, transparency upholds the very oath that clinicians commit to, by placing patient welfare and safety above personal discomfort or institutional defensiveness and is therefore far from breaching professional ethics.
Myth #2: clinical negligence claims are about blame and punishment
Another common misconception is that clinical negligence claims exist primarily to punish individual clinicians. In practice, however, most claims focus on systemic failures rather than isolated personal fault.
Data published by NHS Resolution consistently shows that the majority of claims relate to issues such as communication breakdowns, delays in diagnosis, inadequate systems, staffing pressures or failures in care pathways, rather than reckless or malicious behaviour. These findings align with broader patient safety research from bodies such as the National Institute for Health and Care Excellence (NICE) and the World Health Organization (WHO), both of which highlight that harm most often arises from complex system interactions rather than individual negligence.
Clinical negligence claims therefore play a crucial role in identifying where systems need to change, where training requires improvement and where processes no longer reflect modern clinical realities. Then, as a result of this being handled properly, they contribute to learning, service redesign and risk reduction, rather than individual blame.
Myth #3: clinical negligence claims damage the NHS
It is often suggested that clinical negligence claims weaken the NHS by diverting funds away from frontline care, and while the financial impact of claims is a genuine concern, this framing overlooks the long term cost of failing to identify and address unsafe practice.
NHS Resolution has repeatedly stated that learning from claims is essential to reducing future harm and controlling costs over time, and their published safety and learning reports demonstrate how themes emerging from claims data have led to targeted interventions in maternity care, surgical safety and diagnostic processes.
In this context, clinical negligence claims act as an early warning system, highlighting where risks are crystallising before they lead to repeated harm. It also flags that ignoring or suppressing these signals ultimately results in higher costs, both financial and human, and undermines public trust in the healthcare system.
Because of this, addressing clinical negligence openly supports the sustainability and longevity of the NHS by embedding learning and accountability into everyday practice, while also strengthening clinical governance, improving patient trust and ensuring that limited resources are directed towards safer systems.
Myth #4: it is impossible to raise concerns safely in niche specialties
For clinicians working in highly specialised fields, there is often a very real fear that raising concerns will make them identifiable, particularly where only a small number of experts operate within a specific clinical area.
This concern is not unfounded, and in niche specialties, it can sometimes feel obvious who has spoken up, which can create anxiety around professional relationships, career progression or reputational impact.
However, this reality underscores the importance of robust governance structures, independent clinical advice and external support mechanisms that protect both patients and professionals, and organisations such as NHS Resolution, professional regulators and medico legal providers play a vital role in ensuring that concerns are assessed fairly, confidentially and proportionately, without exposing individuals to unnecessary risk.
With this, the goal is to create safer pathways for raising concerns, and support clinicians who want to act in good faith while protecting patient safety.
Myth #5: clinical negligence work discourages professionals from staying in medicine
Some clinicians worry that involvement in clinical negligence processes, whether as experts or advisors, contributes to burnout or drives professionals away from frontline practice. In reality, many clinicians who engage in medico legal work report that it enhances their understanding of risk, improves reflective practice and strengthens their commitment to patient safety.
This is because clinical negligence expertise is highly specialised, and requires deep clinical knowledge, ethical judgement and an understanding of legal standards, and as a result, encouraging experienced clinicians to move into this area supports the wider healthcare system by improving the quality of expert evidence, strengthening governance and ensuring that claims are assessed fairly and accurately.
This also means that rather than pulling professionals away from care, clinical negligence work can provide an additional pathway for experienced clinicians to contribute meaningfully to patient safety and system improvement, allowing their insight to inform safer clinical practice, stronger decision making, improved standards of care and a culture of reflection that benefits both patients and the profession as a whole.
Supporting patients, professionals and the future of healthcare
At Speed Medical, our work is underpinned by a commitment to patient care, professional integrity and system wide learning, and through our Clinical Advisory Board, we bring together experienced medical professionals who guide our approach to expert selection, governance and quality assurance to ensure that every report reflects the highest clinical and ethical standards.
We also actively encourage clinicians to engage with clinical negligence work, providing structured support, education and reassurance for those who want to contribute their expertise in a way that aligns with their professional values, and by supporting this transparency, we aim to help create a healthcare system where learning is prioritised, patients are protected and clinicians are empowered to uphold the standards they entered the profession to serve.
After all, it is our belief that addressing clinical negligence is not about turning against colleagues, but about standing up for patients, strengthening the NHS and honouring the duty of care that sits at the heart of medical practice.
To find out more about how Speed Medical supports claimants, clinicians and legal teams across clinical negligence claims, speak to our expert team today by visiting www.speedmedical.com, contacting us via email at info@speedmedical.com or calling 0330 094 8749.
