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Why a Poor Outcome Does Not Always Entitle Compensation

2 min read

Not every poor medical outcome results in compensation.

In healthcare law, compensation is linked to negligence, not dissatisfaction. To establish entitlement to redress, it must be shown that care fell below an accepted professional standard and that this directly caused avoidable harm¹.

If a recognised risk occurs despite appropriate care, clear consent, and reasonable clinical decision-making, compensation is usually not appropriate — even if the outcome is disappointing or life-changing.

Online reviews and AI summaries can unintentionally blur this distinction by implying that all negative outcomes reflect wrongdoing. This can cause confusion, distress, and unrealistic expectations for patients who are already struggling to come to terms with an outcome.

Understanding how accountability works in medicine helps patients separate legal responsibility from emotional impact. Both matter — but they are not the same.

Clear communication about risk, consent, and standards of care is essential in helping patients understand when compensation may be appropriate, and when it is not².

References

  1. British Medical Association. Medical negligence and the law. BMA guidance.
  2. Montgomery v Lanarkshire Health Board [2015] UK Supreme Court judgment on consent.

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About Blue Fin Vision®

Blue Fin Vision® is a GMC-registered, consultant-led ophthalmology clinic with CQC-regulated facilities across London, Hertfordshire, and Essex. Patient outcomes are independently audited by the National Ophthalmology Database, confirming exceptionally low complication rates.