In this guide, we aim to answer questions such as “How do I prove medical negligence in the UK?”. Medical and clinical negligence is when a patient suffers harm that could have otherwise been avoided due to a healthcare professional breaching their duty of care.
The first section of this guide focuses on what evidence is best to gather to prove that clinical negligence has occurred. Then, we explain what medical professionals have to do to adhere to their duty of care and when a medical negligence claim is deemed as eligible.
We briefly discuss how to prove a fatal medical negligence claim if you are wishing to claim compensation for a loved one. This guide also discusses whether you have to share your medical history when collecting evidence for a medical negligence claim.
The end of this guide talks about how working with one of our No Win No Fee medical negligence solicitors could greatly benefit you when making your claim.
If you want to make a clinical negligence claim, hopefully, this guide can answer your questions. Additionally, we have a team of advisors that you can chat to for free about your circumstances. They are available 24/7 through one of these methods:
- Call 0800 073 8801
- Start your claim online by completing this form.
- Chat with an advisor using our live support box.
Jump To A Section
- How Do I Prove Medical Negligence In The UK?
- When Could I Make A Medical Negligence Claim?
- Do I Have To Share My Medical History?
- What Medical Negligence Compensation Could I Claim?
- Claiming For Medical Negligence With A No Win No Fee Solicitor
- Further Resources That Could Help With How To Prove Medical Negligence In The UK
How Do I Prove Medical Negligence In The UK?
To prove medical negligence in the UK, you have to show how you are suffering avoidable harm because a medical professional breached their duty of care.
Hence, here are some useful pieces of evidence to gather that could help you with proving that medical negligence occurred:
- Copies of your medical records detailing any conditions you have been diagnosed with, prescriptions you have been prescribed, blood test results and X-ray scans. These could help with proving what harm you have suffered and when it may have occurred.
- Contact details of anyone who witnessed the medical treatment you received. For instance, if a loved one came with you to your appointment.
- A diary where you have recorded the symptoms you have expereinced and the medical treatments you have received.
- Photographs to show any visible effects of your avoidable harm, such as rashes or scarring for example.
One of the benefits of working with one of our medical negligence solicitors is that they can help you collect evidence for your case. This is just a small part of their services.
Continue reading this guide to learn what duty of care medical professionals owe their patients, and when you may be eligible to make a medical negligence compensation claim.
When Could I Make A Medical Negligence Claim?
Now that we have answered, ‘How do I prove medical negligence in the UK?’, you will need to know when you could be eligible to make a medical negligence claim.
Every medical professional owes a duty of care to all of their patients. To adhere to this duty, they must provide the correct standard of care when treating them. A breached duty of care occurs when a medical professional provides a standard of care that does not meet the minimum expected level.
For example, if your medical records state that you are allergic to penicillin, yet your GP still prescribes you a medication that contains penicillin, then this is a breach of duty of care as they did not adequately check your medical notes. This could also cause you to suffer an allergic reaction. This is an example of wrong prescription negligence.
To be able to make a medical negligence claim, the following criteria will need to be met:
- A healthcare provider owed a duty of care to you.
- They breached their duty of care.
- As a direct result from this, you suffered avoidable harm.
How Do I Prove Instances Of Fatal Medical Negligence?
If you are looking to make a fatal medical negligence claim on behalf of a loved one, then the same eligibility requirements apply. The only difference is that you would have to prove that the breached duty of care led to your loved one being fatally harmed.
The evidence you should collect to prove a fatal medical negligence claim is also similar to the evidence we have listed in the first section of this guide. The only difference is that these pieces of evidence can be additionally gathered:
- Correspondence with the medical institution where your loved one was treated.
- A coroner’s report.
- Findings from an inquest investigation.
If you believe you are eligible to claim compensation, either for yourself or on behalf of a loved one, please get in touch. Our friendly team can assess your potential doctor negligence case for free and potentially put you in contact with a solicitor.
Do I Have To Share My Medical History?
If you are making a medical negligence claim, you do not necessarily have to share your entire medical history. You will need to share some of your medical records that state the harm you have suffered and the treatments you have required for this harm. Additionally, if an already existing condition of yours has been made worse because of medical negligence, then you might have to share more of your medical history. This is to show the extent your medical condition was originally prior to suffering medical negligence.
You might also be asked to attend an assessment by an independent medical expert. The medical records conducted from this assessment can be used to help determine how much compensation you could possibly be owed if your medical negligence claim is successful.
If you have any questions regarding how to prove medical negligence in the UK, you can contact a member of our advisory team.
What Medical Negligence Compensation Could I Claim?
For successful medical negligence compensation claims, there are up to two heads of loss which could make up the settlement total.
General damages are the head of loss which pays for the physical and psychiatric effects you have suffered as a result of medical negligence. An award for this head of loss will take into account:
- The pain severity.
- How long it will take to recover.
- How much the quality of life has changed.
In addition to any medical evidence provided, the Judicial College Guidelines (JCG) may also be used to help determine the value of your general damages settlement. The JCG contains guideline compensation brackets for different physical and psychiatric illnesses and injuries.
Compensation Table
We have taken some of the entries listed within the JCG that could be applicable to some medical negligence claims. Only the first row isn’t from the JCG.
Although, this is just a guideline. Since all medical negligence cases are unique, no set settlement can be guaranteed for a specific claim.
| Harm | Severity | Guideline settlement value | Notes |
|---|---|---|---|
| More than one serious form of harm plus special damages | Serious | Up to £350,000+ | A settlement for sustaining more than one serious form of harm plus financial losses such as loss of earnings and medical costs. |
| Kidney | Permanent and serious damage or loss (a) | £206,730 to £256,780 | Of both kidneys. |
| Loss of one kidney (c) | £37,550 to £54,760 | Where the remaining kidney has no damage. | |
| Female reproductive system | Infertility (a) | £140,210 to £207,260 | With sexual dysfunction, pain, scarring, and severe depression. Potentially caused by failure to diagnose an ectopic pregnancy in a younger person. |
| Male reproductive system | Total loss (a) | In excess of £187,790 | Of reproductive organs. |
| Chest | Complete removal of one lung and/or serious heart damage (a) | £122,850 to £183,190 | With serious and prolonged suffering and pain. |
| Damage to lung(s) and chest (c) | £38,210 to £66,920 | Leading to some continuing disability. | |
| Bowels | Total loss of natural function (b) | Up to £183,190 | The person's age may mean they depend on a colostomy. |
| Bladder | Serious impairment (c) | £78,080 to £97,540 | Affecting the control of the bladder and causing some pain and incontinence. |
| Digestive System | Damage or illness resulting from non-traumatic injury (b) (i) | £46,900 to £64,070 | Hospital admission for a few days or weeks due to severe toxicosis causing vomiting and diarrhoea. |
Special Damages
Special damages is the head of loss which reimburses the monetary losses you have incurred as a result of medical negligence. The point of special damages is to restore your finances to what it was before medical negligence occurred. Some monetary losses you could be reimbursed for under this head of claim include:
- Loss of earnings if the effects of the avoidable harm have made you take time off work.
- Medical bills such as paying for prescriptions as part of your recovery.
- Travel expenses such as making your way to and from hospital appointments for medical treatments.
General damages are always awarded when a medical negligence claim is successful, whereas special damages are not. For this reason, it is important to keep hold of evidence that can prove what finances you have lost as a result of medical negligence. For example, this may include payslips, invoices, travel tickets, bank statements, and receipts.
Please don’t hesitate to get in touch with our team to learn more about how much clinical negligence compensation you could potentially be owed.
Claiming For Medical Negligence With A No Win No Fee Solicitor
If you contact our advisory team about your case, they may connect you with one of our No Win No Fee solicitors. Our solicitors could help you prove clinical negligence occurred by helping you gather evidence, and could also negotiate a compensation settlement on your behalf as part of their services.
If a No Win No Fee solicitor of ours takes on your case, they may offer to work with you under a Conditional Fee Agreement (CFA).
When claiming under a CFA, you will not have to pay for your solicitor’s services before and during the process of the case. You also will not need to pay for their work if the claim is unsuccessful.
Your solicitor will take a success fee if your medical negligence compensation claim is successful. A success fee is a percentage that is capped by law and is taken from your compensation.
Contact Our Team
If you have any questions at all about the claiming process, such as ‘How do I prove medical negligence in the UK?’, please speak to us. Our advisors can help answer your questions and offer you free advice. They may also connect you with one of our specialist solicitors:
- Call 0800 073 8801
- Start your claim online by completing this form.
- Chat with an advisor using our live support box.
Further Resources That Could Help With How To Prove Medical Negligence In The UK
These medical negligence guides of ours could help you further:
- Find out what the Bolam Test is and how it may be used throughout the claims process.
- Look at examples of what is classed as clinical negligence and the types of medical negligence that could lead to an eligible claim.
- How to make a medical negligence claim against a hospital if you received poor hospital care.
Here are some further resources which you might find useful:
- National Health Service (NHS) – advice on how to deal with grief after a bereavement or loss if you have lost a loved one due to medical negligence.
- General Medical Council (GMC) – what good medical practice doctors are expected to follow.
- Royal College of Nursing (RCN) – an overview of a nurse’s duty of care.
We hope we have answered, “How do I prove medical negligence in the UK?”. Call us if you still have any questions.