How to Prove Medical Negligence

Prove Medical Negligence
LLB (Hons) Nimish Patel
Legally reviewed by: LLB (Hons) Nimish Patel In: Medical Negligence

If you or someone you know has experienced medical negligence, it’s vital that you get the justice deserved. Seeking compensation is often the best option to help you recover from emotional and financial losses, ensuring that the medical professionals responsible for your negligence are held accountable. Furthermore, raising a claim for medical negligence helps medical establishments to address failure in care and prevent future cases from occurring.

If you decide you want to make a medical negligence claim, a medical negligence solicitor can help you through the process making you aware of your rights regarding your case. With the legal experience of a medical negligence solicitor, your case has the best chance of succeeding, getting you the compensation to help you move forward.

At AWH, our solicitors can guide you through what can often be a complicated process. Our team is backed by years of medical negligence experience, offering no-win, no-fee services. Read more about our solicitors’ recent cases.

If you have any questions about making a medical negligence claim, get in touch with our team on 01254 274 000 or fill out our online form for a call back.

How Do I Know if Entitled to Medical Negligence Compensation?

Medical negligence refers to any substandard care provided by a medical professional that has directly caused injury or caused a pre-existing condition to worsen. Medical professionals working in both the private sector and the NHS have a duty of care. This means that they are responsible for providing all patients with a professional standard of care. Therefore, to make a medical negligence claim, you will need to prove that the medical professionals looking after you failed to provide a professional level of care.

Some examples of medical negligence are:

  • A delay in diagnosis resulting in avoidable harm.
  • An incorrect prescription or medication.
  • A failure by medical professionals to notice symptoms or diagnose a serious injury resulting in conditions worsening.
  • Injuries during or following surgery.
  • Substandard care during pregnancy or birth resulting in any harm to the parent and child.

To make a successful medical negligence claim, a medical negligence solicitor can help you to prove that the injury or illness was a direct consequence of negligent care. Medical investigations can help provide evidence for your case.

When it comes to the value of compensation settlement, the following factors can affect the compensation amount:

  • The degree to which you are injured.
  • Whether the negligence has resulted in short- or long-term health problems.
  • Whether additional care and support is needed and how long for.
  • Any financial losses due to recovery.
  • The inability to work for an extended period.
  • Any further costs associated costs such as travel expenses or further treatment.
  • The financial impact your medical condition has on those closest to you. (If you are now dependant on someone for day-to-day care, such as financial support, transportation etc, this can be compensated for.)

Is it Difficult to Prove Medical Negligence?

Whether or not a case will be difficult to evidence depends on the specific case in hand. A medical negligence solicitor can help you gather any necessary evidence to demonstrate that the medical professionals are responsible for any injury or suffering.

Our medical negligence solicitors can help you understand the steps needed to pursue your claim and the likelihood of its success. Get in contact with AWH Solicitors’ medical negligence legal experts to discuss the eligibility of your claim.

How to Prove Medical Negligence

For any medical negligence claim to be successful you must first prove that any injury or suffering was a result of a failure of duty at the hands of a medical professional.

Evidence can be:

  • Reviewing medical records.
  • Getting a supportive opinion from an independent medical expert.
  • Records of any expenses paid as a result of the medical negligence.

At AWH, our solicitors will guide you through what you evidence will help evidence your claim and what input will be required of you.

Medical Evidence / Records

Firstly, you will need to provide evidence that you attended appointments with the GP or hospital in question. Obtaining a medical record is the best way to evidence that medical negligence took place. You may need to obtain the medical record from a GP surgery or a hospital depending on where the medical negligence took place. Medical records include vital information about how your care was provided. Additionally, the record should include any notes from specialists you have been referred to after your initial examination. This includes nurses and physiotherapists.

Opinions From Independent Medical Experts

Next, you will need to prove that there was a breach of duty by the medical professionals. Our solicitors will independently instruct medical experts to give a medical opinion on whether the care and/or treatment received was negligent. The medical expert will be able to impartially comment on whether any negligent care resulted in patient suffering and injury and whether this could have been avoided. Once the medical expert has reviewed your case, they will be able to provide a report containing their opinion.

If the medical evidence supports your case, your solicitor will pass on these medical negligence allegations to the legal representatives for the healthcare organisation. If the experts believe that the care provided by the medical professional was within reason, you will be advised not to further pursue the claim.

Financial Evidence

Our solicitors will help you to claim compensation and/or recovery of any costs. This covers loss of earnings, medical treatment and rehabilitation, and travel expenses. To provide evidence, you will need to provide proof in the form of pay slips, receipts, and bank statements.

Witness Statements

Finally, your solicitor will need a detailed witness statement from you about your what happened. In some cases, family members may additionally be asked for witness statements. Family member statements are particularly important in cases where there is impaired consciousness due to a procedure or due to medication, of if the mental capacity of the patient is impaired.

In some cases, it can be difficult to write down all the details that happened. Putting together a case from multiple witness statements can build a better perspective and further evidence your claim.

Prove Medical Negligence with the Help of Our Medical Negligence Solicitors

Most of our clients claim medical negligence compensation through legal aid or through on a no-win, no-fee basis. This means that medical negligence compensation is often accessible no matter your financial situation.

Our solicitors can support you through each step of your claim. We will help you obtain the essential documents and evidence to support your claim.

If you would like AWH Solicitors to represent your claim, please get in touch for a free initial consultation. Read further about our medical negligence solicitors here.

Start your claim by getting in touch on 01254 274 000, or you can contact us online here.

Get in touch