How To Prove Medical Negligence And Claim Compensation

In order to make a medical negligence claim, you must be able to prove that the duty of care was breached, the specific cause and what harm you suffered unnecessarily. Your ability to prove each aspect of the case will increase your chances of success. You can read this section for more specifics regarding the evidence required.

Duty Of Care

Doctors, nurses, pharmacists, surgeons, midwives, anaesthetists and other medical professionals owe a duty of care to the patients they treat. This means that there is a minimum standard of care that should be provided to you.

Breach Of Duty

There is no single, defining legislative or regulatory document that defines a medical professional’s breached duty. However, there are various bodies that outline key aspects of patient care.

For example, the General Medical Council (GMC) provides resources for doctors in this regard. The duties of those registered with the GMC include keeping their skills and knowledge up to date, respecting the dignity of patients and supporting patients to make informed decisions about their care.

Causation

In legal terms, causation refers to an ability to prove that harm directly resulted from inadequate medical care. Common causes include a negligent misdiagnosis, misread scans, unnecessary surgery and inadequate care when giving birth.

There are also certain never events, which are incidents that would never occur if the proper frameworks were followed. An example of a never event would be if your right arm was due to be amputated, but during surgery they removed your left arm by mistake.

Suffered Avoidable Harm

Avoidable harm refers to any mental or physical harm caused by treatment that would not have occurred if the correct standard of medical treatment was given.

Some instances of harm are a necessary part of medical treatment. For example, chemotherapy can weaken the immune system and cause blood clots, but it may be required in order to treat cancer. However, should you undergo chemotherapy due to a cancer misdiagnosis when you actually had a benign cyst, then you would have suffered severe side effects unnecessarily.

There is no need to figure out how to prove a medical negligence on your own. Our advisors are available 24/7 to confirm whether you have a valid case and, if so, can connect you to a solicitor here at Advice.

How The Bolam Test Is Used When Proving Medical Negligence

A Bolam test can be used to prove that substandard medical care was given to you, as it involves a panel of medical professionals assessing the details of your treatment.

Those on the panel will have medical training that is relevant to the specifics of your case. This can be extremely helpful, as confirming whether medical negligence occurred can be challenging, given the complex responsibilities of medical professionals.

If their report states the opinion that you experienced medical negligence, this could improve your chances of a successful case.

What Medical Evidence Will I Need?

You will need medical evidence to prove the severity of any physical or psychological harm that you have suffered unnecessarily. Key examples of medical evidence include:

A copy of your GP records
Any correspondence that you have from the health care facility
Hospital notes and records
The results of tests and scans

You may not be sure how to access your medical information. However, if you are eligible to work with one of our solicitors, they can explain this for you. Speak to an advisor today to find out whether you can access this legal service and more.

Can I Provide A Personal Statement?

Yes, you can provide a personal statement to give your account of the medical treatment you received and how it affected you. It may be a good idea to keep notes documenting various aspects of your experience, as you can draw on these when drafting your statement. You can include details such as:

Your initial symptoms and how they developed over time
Details of any corrective treatment or rehabilitation that you required
How your lifestyle has been impacted (this can apply to your relationships and employment)
Any financial stress that you have undergone (some claimants pay to have adjustments made to their home or access a professional carer)

Don’t worry if you’re still not sure what exactly to include in a personal statement. Our solicitors have decades of combined experience in handling the medical negligence claims process. If one of them represents you, they can offer their support and advice when you are gathering evidence.

How Can Witness Testimonies Help?

Witness testimonies can help to confirm the actions taken by the medical professionals who treated you and the nature of the unnecessary harm that you suffered. You should ask for the contact details of witnesses as soon as possible. Your solicitor can then get in touch to take down their testimony.

Witnesses may be hospital staff, visitors or a loved one who attended appointments with you. Why not contact one of our advisors today to further discuss how to prove a medical negligence claim?

The Importance Of Providing Photographs

Providing photography is a great way to show physical harm that has resulted from negligent treatment. Of course, not all instances of harm will show in a photo. However, it can be useful to prove things such as:

Bruising
Scarring
Pressure sores
Cysts
Skin infections

If it is not possible to show the bodily harm you have experienced, don’t hesitate to speak with an advisor. They can explain how to prove medical negligence in other ways.

Will I Need An Independent Expert To Review My Claim?

Yes, you will likely need an independent medical assessment to support your clinical negligence claim and demonstrate the impact on your health. This is especially useful if you will experience long-term or permanent issues due to negligent treatment, as they can evaluate your prognosis.

An independent medical report can be compared to your medical records. The combination of this medical information may strengthen your case and confirm that you did not receive the minimum standard of care.

Should you proceed with one of our solicitors, they can arrange for you to undergo a reliable independent medical assessment in your local area. This means that you do not have to worry about finding a trustworthy party yourself. Contact our advisor to learn more about how to prove a medical negligence claim.

Why Should I Seek The Help Of A Solicitor When Proving Medical Negligence?

Advice’s solicitors could provide you with invaluable support, especially when providing evidence for your claim, as they are experts in medical negligence law and can explain how to strengthen your chances of success. They will examine the specifics of your case and confirm how to establish causation relating negligent treatment. More specifically, they can:

Explain how to request a copy of your medical records
Take official witness statements from those who saw you receive treatment
Organise an independent medical assessment for you
Advise you on what details to include in a personal statement

Navigating the legal system on your own can be difficult if you don’t have the right experience. Our solicitors know how to prove a medical negligence claim and help claimants to make decisions in their best interest. Contact our enquiries team today to find out whether you qualify to work with one of our solicitors.

What Can The Team At Advice Do For Me?

Our solicitors offer expert legal representation on a No Win No Fee basis. They will do this through a Conditional Fee Agreement (CFA). By signing this contract, you confirm that there is no need to pay for your solicitor’s work:

Before the medical negligence claim begins
While your case is being assessed
If you do not receive a compensation settlement

However, should you be compensated, it will be necessary for you to pay a success fee. This is the percentage of the compensation that you pay to your solicitor. The percentage is legally capped, so you will keep the largest share for yourself.

Contact Our Advisors

You can speak with our specialist team of advisors today to learn more about how to prove medical negligence. They understand that this may be your first encounter with clinical negligence law, so you can expect straightforward answers. You may even be connected to one of Advice’s specialist solicitors, who can guide you through each stage of the claim.

Call an advisor on 0161 509 2856
Make an online enquiry
Use the pop-up window to chat live with an advisor

Learn More

Read our other guides related to medical negligence claims:

Find out how to claim for an operation gone wrong
Learn about claiming for a hospital-acquired infection
Visit our guide on the medical negligence claim time limit

External resources:

Find out how to make a complaint against the NHS
Learn about claiming Statutory Sick Pay (SSP)
Read the Care Quality Commission guidance and regulations for health and social care providers

Thank you for reading our guide on how to prove medical negligence.

Meet the Team

Gemma Shields

Chartered Legal Executive | Road Traffic Accident Claims Specialist

Gemma Shields is a CILEx qualified legal professional with over a decade of experience in road traffic accident claims, including pedestrian, cyclist and motorcyclist cases. She provides clear, compassionate legal support to clients across England and Wales.

How To Prove Medical Negligence | Supporting A Compensation Claim

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