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How To Prove A Medical Negligence Claims
Find out how to prove medical negligence, and how one of our solicitors could help you.
£85 million in compensation
How To Prove A Medical Negligence Claims
Find out how to prove medical negligence, and how one of our solicitors could help you.
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How To Prove That Medical Negligence Occurred When Claiming Compensation
Medical negligence compensation claims rely on a strong body of evidence showing who treated you, what negligent error was made, and the harm you suffered. Your claim will also need to provide evidence of any associated financial losses. If you are considering claiming compensation, you may be wondering how to prove that medical negligence occurred. Our team understands that collecting evidence and proving your claim could seem daunting. We are on hand to provide help, more information, and to connect you to a specialist solicitor.
Key Takeaways
- Medical negligence claims must clearly prove that a healthcare professional caused unnecessary harm by providing negligent care or treatment.
- This burden of proof falls on the claimant.
- Medical records, independent assessments, and a symptoms diary can all help strengthen your claim.
- If you can gather evidence that shows you also suffered financial losses due to the medical negligence, you could claim compensation for these.
- One of our No Win No Fee solicitors could help you gather evidence to make a successful medical negligence claim.
To speak to an advisor about your medical negligence claim, please,
- Phone us on 0151 375 9916.
- Or contact us using our online form.
Why Is It Important To Be Able To Prove Medical Negligence For Compensation Claims?
Proving medical negligence is an important part of claiming compensation, as you can not establish liability, show your claim is eligible, nor be awarded damages without sufficient evidence. When making a medical negligence claim, the burden of proof rests with the claimant.
Medical negligence is a term used to describe circumstances in which care falls below professional standards, causing unnecessary harm to a patient.
Your case may also be subject to the Bolam test. This test involves a panel of relevantly trained medical professionals assessing whether the treatment you received was of an acceptable standard or not. The findings of this test could be used as evidence in your claim.
One of our solicitors could help with organising this test on your behalf to help prove that medical negligence occurred. Contact our advisors to learn more.
What Needs To Be Proven In Medical Negligence Claims?
Medical negligence claims need to prove that you suffered harm that could have otherwise been avoided due to receiving negligent treatment from a medical professional.
Below, we provide a breakdown of what you need to prove.
Duty Of Care
All medical professionals have a duty of care to provide their patients with the correct standard of care.
Duty of care is automatically owed by any medical professional the moment they agree to treat a patient. A doctor, nurse, pharmacist, or other healthcare professional all owe this duty. This also extends to hospitals, GP surgeries, and pharmacies. It also applies regardless of whether the medical professional works for the public or private healthcare sector.
Breach Of Duty
This duty may be breached where treatment provided by a medical professional failed to meet the correct standard of care. Breaches may include:
- Medication errors
- Negligent misdiagnosis
- Surgical errors
- Delayed treatment
- Failure to refer
Causation
Causation establishes a causal link between the action or inaction of the medical professional and the harm you suffered. This is the third, and potentially most complex element, as you must show that the breach of duty outlined above directly caused you harm. This may be by making an existing condition worse or causing a new one.
Damages
Finally, you must prove that you suffered unnecessary physical and/or psychological harm, as well as any financial losses, in order to receive damages.
We could help you gather evidence and make a successful medical negligence claim. Contact our advisors to learn more.
How To Prove Medical Negligence
You could prove medical negligence using evidence such as copies of your medical records, expert assessments of your health, and a symptoms diary. The burden of proof is on the claimant, making evidence crucial in establishing the eligibility and viability of your claim.
Below, we break down the types of evidence that could help you prove medical negligence.
Copies Of Medical Records
Copies of your medical records could show your initial diagnosis, any follow-up diagnosis, the tests carried out, their results, and whether any treatment was provided.
Independent Expert Assessment
An independent expert assessment may be carried out to further establish the nature and extent of the harm you suffered. This assessment could be organised by a specialist solicitor. Testimony from independent medical experts can bolster your claim by providing additional medical evidence.
Personal Logs
Personal logs can be used to create a detailed timeline of your events, including symptoms, medical treatment, and the impact the incident has had on your life. Personal logs can contain detailed records highlighting how medical negligence affected you.
Witness Testimonies
Witness testimonies may be provided by healthcare providers, such as doctors and nurses, independent experts, loved ones and others who witnessed the negligent treatment or the impact of it. It is important to note that you cannot gather these on your own; only a legal professional can. Therefore, you should note down the contact information of anyone present to pass on to your solicitor so they can obtain their statements.
Miscellaneous Evidence
Further evidence could include:
- Reports of investigations carried out by a healthcare provider, such as an NHS Trust or private hospital.
- Photographs of any visible harm you suffered.
- Correspondence with the medical institution regarding the treatment you received.
Please contact us to learn more about how to prove medical negligence.
How To Prove Financial Loss Caused By Medical Negligence
To prove financial loss caused by medical negligence, you should secure copies of financial statements such as bank statements, invoices, and receipts. Without financial records showing what costs you met and how these were connected to the harm you suffered, you will not be able to secure compensation for these under special damages.
You could prove financial losses using:
- Bank statements which show the impact on your overall finances.
- Wage or pay slips showing a reduction in income and earnings.
- Invoices for medical care, adaptations to your home, or care costs.
- Receipts for travel to and from medical appointments.
Talk to our team about proving financial losses caused by medical negligence.
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We pride ourselves on providing the best service possible for our clients.
The Common Challenges When Proving Medical Negligence Claims
Common challenges in proving medical negligence claims include establishing causation, securing complex medical evidence, and demonstrating that the harm was avoidable. In addition, claims must be filed within strict time limits (generally 3 years).
Challenges may arise when seeking to prove that delayed treatment or a misdiagnosis was due to negligent errors, rather than other mistakes, and to satisfy the ‘but-for’ test. This test seeks to establish whether the patient would still have been harmed, but for the medical professionals’ action or inaction.
A member of our team of advisors could help you understand more about proving such claims and show how a solicitor could assist you in navigating any challenges.
Why Is It Recommended To Seek The Help Of A Solicitor To Prove Medical Negligence?
It is recommended to seek the help of a solicitor to prove medical negligence, as such claims are legally complex and may require multiple forms of evidence. Specialist medical negligence solicitors can bring a wealth of experience in helping claimants to successfully navigate what can be a complex claims process. This process may involve investigations, evidence gathering, submitting a claim, and, in a small number of cases, court proceedings.
If you instruct one of our expert solicitors, they could:
- Ensure that you are kept informed of your claims progress.
- Help you to access specialist rehabilitation and therapy services.
- Help accessing and collecting evidence.
- Negotiating your compensation to cover your harm and associated financial losses.
Find out how one of our medical negligence experts could help with your claim by contacting us.
No Win No Fee Medical Negligence Claims With JF Law
You could make a No Win No Fee medical negligence claim with one of the expert solicitors at JF Law. Our solicitors have helped claimants secure in excess of £80 million in compensation and could assist you. Following an initial consultation with an advisor, if your case meets the claims criteria, one of our No Win No Fee solicitors could offer their services through a Conditional Fee Agreement.
Just some of the benefits of this type of agreement are:
- No upfront solicitors’ fees, or any charged during the claims process.
- No solicitors’ fees to pay if you are not awarded compensation.
If you win, your solicitor will deduct a pre-agreed percentage of your compensation. This is called a success fee. Details of it will be set out in the agreement, and the maximum percentage which may be deducted is limited by law.
Contact Our Solicitors
Contact our solicitors today to find out more about how to prove medical negligence or begin a claim.
- Call us on 0151 375 9916.
- Or contact us online.
Learn More
Learn more about successful medical negligence claims in these resources.
- Read about pressure sore claims here.
- Learn more about heart attack claims here.
- View this guide on diabetes compensation claims.
References.
- Learn about your rights as a patient in the NHS Constitution for England.
- Find out more about NHS patients’ rights and responsibilities.
- Learn how to complain about healthcare services with this Care Quality Commission Resource.
Contact us if you need further information on how to prove medical negligence.
Contact Us
Our helpline is open 24 hours a day, 7 days per week.
All calls are free and there’s no pressure whatsoever to proceed with a compensation claim.
If you write to us, we aim to respond within an hour or two, and no more than a few hours.
