If you are considering a medical negligence claim, you will have to show that a healthcare professional breached their duty of care to you resulting in you being injured. Proving this can be more difficult than you might expect.
Establishing Medical Negligence
To succeed with a medical negligence claim, you will have to prove that:
- A healthcare provider had a duty of care to you as a patient
- The healthcare provider breached their duty of care by failing to achieve an acceptable standard of care
- You were harmed as a direct result of this breach of duty
Proving medical negligence differs from case to case. There is no ‘one-size-fits-all’ solution. You can read more about NHS negligence claims here.
Evidence to prove medical negligence
When investigating whether medical negligence has occurred, the key evidence includes your medical records, expert evidence and your own.
Medical Evidence
This evidence consists of your medical records and independent expert opinion. To establish breach of duty, a medicolegal expert report is obtained in the same clinical area as the people who treated you. This is to set out whether that treatment was substandard. If the care was unreasonable, another expert opinion is needed to prove that your injury was caused by that substandard care. Courts will expect this independent evidence. If both of these expert opinions are supportive of a claim, you will also need an expert report to outline the nature of your injury and the treatment that you need to recover. This evidence is needed in order to assess damages for pain and suffering.
Witness Statements
As well as the medical evidence, you will need to provide a witness statement to set out the facts of your claim in your own words. This is your opportunity to make sure you are heard. Statements from others, including family members and friends, who may have helped you are also likely to be needed.
Out of Pocket Expenses
These are also known as Special Damages and make up a portion of your total compensation. This term covers any financial losses incurred as a result of negligence. You need to prove your loss.
This usually requires documentary evidence, including but not limited to:
- Invoices / Receipts for items such as medical care, aids and equipment, etc
- Payslips or bank statement for any loss of earnings claim
- Travel tickets / receipts / accounts for travel claims to hospital etc.
Future Losses and Expenses
This covers financial losses and expenses that are likely to be incurred in the future because of your injury. They may include care, aids and equipment, treatment, loss of earnings and medication. This requires documentary and medical evidence.
Need Help?
At Specters Solicitors, we understand how overwhelming it can be to begin a medical negligence claim and we are here to help. If you wish to make a claim you can contact our experienced team for a free consultation by filling out an enquiry form, or by calling 0300 303 3629.
