You may be experiencing the repercussions of a doctor or surgeon getting something wrong. Perhaps you were treated with incorrect advice. Or your health concern was overlooked entirely. If these mistakes left you harmed, you could have a claim for compensation. To help you get started, this guide explains how to prove medical negligence.

You might think proving medical negligence is too difficult, so we start our guide by explaining what evidence can help lay the foundation of a claim more easily. After this, we explore the many benefits of working alongside our medical negligence solicitors to gather this evidence. You might qualify to access their expert services through a type of No Win No Fee agreement and in doing so, avoid initial and ongoing legal fees.

We explain the duty that all healthcare providers have to meet for their patients. Falling short of these standards can be classed as medical negligence. We detail the proof that can strengthen your clinical negligence claim for both physical injury and psychological harm. You may also have related financial losses, and our guide explains what is needed to include these in your claim.

If you have any questions while reading, please don’t hesitate to ask. Our advisory team can discuss how to prove medical negligence with you in person and assess the merits of your claim during a single phone call. If it appears strong, they can connect you to our solicitors to launch a medical negligence claim:

  • Ring us on 0800 073 8801 to learn more.
  • Start a claim online here.
  • Ask the chat window below for an immediate response on how to prove medical negligence.

Surgeons getting reading to carry out procedure in theatre

Frequently Asked Questions 

  1. How Hard Is It To Prove Medical Negligence?
  2. Proving A Breach of Duty Of Care
  3. Proving That Harm Occurred
  4. What Is Needed To Prove Losses?
  5. How A Solicitor Can Help You Get The Proof You Need
  6. No Win No Fee Medical Negligence Claims
  7. More Information

How Hard Is It To Prove Medical Negligence?

Every medical negligence claim differs, so there’s no set answer to how hard it will be to prove the claim. Whilst each case may vary according to individual circumstances, the best starting point is always collecting evidence that proves how the actions (or inactions) of others left you harmed.

Any person who seeks medical treatment from a qualified healthcare provider is entitled to receive care that meets a certain standard. This duty applies across the board and includes GPs’, nurses, surgeons and occupational therapists, to name a few. With this in mind, a medical negligence claim for compensation could apply if you can show the following:

  • The healthcare provider treating you had a duty of care to meet professional standards.
  • They failed to meet these standards.
  • You suffered harm that was unnecessary or avoidable. This is harm that you would not have suffered had the correct care been administered.

If your case meets all three criteria, you could have a valid medical negligence claim for compensation against the healthcare provider. This applies equally to treatment given through the NHS or a private healthcare provider. Claims can cover issues as diverse as:

We discuss how to obtain sufficient evidence in more detail in the following sections. But if you want to discuss how to prove medical negligence right now, please use the free call number above and speak to advisors.

Proving A Breach In Duty Of Care

Three main areas of evidence can be particularly effective in proving a breach in the duty of care:

Medical records

This can be details of the incorrect treatments, referral problems or missed follow-up care that caused your harm. You are entitled by law to request copies of the medical records that are held about you. This process begins by submitting a written request to the organisation or data controller that holds your information, typically the GP or hospital that treated you. You can request copies of x-rays, blood tests, specialist reports and any medical findings concerning you and your treatment.

Witness Statements

It can be solid evidence to obtain a statement from anyone who witnessed the negligent care taking place. This could be a relative who accompanied you to the hospital appointment. Alternatively, it may be another medical professional in the room at the time who witnessed the incident and is willing to state what they saw.

A Personal Diary

Alongside a record of important dates, such as your diagnosis or surgery dates, it’s also helpful to keep track of events in a diary. This can include details of treatments, follow-up appointments, correspondence with the hospital, and a record of your overall physical and mental well-being. You might also have photos of the visible signs of harm that can be used as evidence to prove negligent or substandard treatment. As you cannot take witness statements yourself, our solicitors can assist you in this matter. 

Knowing how to prove medical negligence occurred is half the battle, so take a moment to learn how our expert solicitors can help.

Proving That Harm Occurred

Not every example of harm is negligence, so it’s vital to prove how the clinical negligence actually occurred. To do this, you and your solicitor (if you choose to appoint one) can start building evidence that includes the opinions of experts.

As stated above, our solicitors can arrange an independent assessment with a medical specialist. Also, this can be arranged at your convenience. It will generate a detailed medical report that provides a snapshot of the type of harm you suffered, the severity and what your future prognosis looks like.

Proving what caused the harm (causation) is crucial for a claim. One way a direct link can be established between a professional’s breach of duty and the harm suffered is through the Bolam Test.

This is a test judged by professional peers. It needs to demonstrate that any other healthcare professional in the same position wouldn’t have chosen the same course of care.

Our solicitors have the expertise required to confidently handle any scrutiny your claim may face. So, rather than attempting a medical negligence claim alone, speak to our advisors.

Doctor facing medical negligence claims for incorrect brain diagnosis

What Is Needed To Prove Losses?

Successful medical negligence compensation claim amounts are comprised of two areas called general and special damages, and evidence is needed for both.

General damages apply a value for physical pain, psychological anguish, and the general impact on the patient’s quality of life after the negligent care. It can also cover permanent disabilities and any future medical needs that may now apply. Special damages are the head of loss under which the financial harm of negligent healthcare is assessed. This might cover emergency medical bills or the need for on-going professional care. Evidence to prove a claim for special damages can include the following:

✓

1. Income Loss Documentation

Any payslips or statements that prove how your income suffered after the negligent care.

✓

2. Private Medical Treatment Bills

Any private medical bills

✓

3. Prescription & Equipment Costs

Proof of prescription charges or costs for other medical needs.

✓

4. Caregiver Expenses

Receipts or invoices for any essential domestic care provided by others.

✓

5. Travel Costs for Medical Visits

Proof of travel expenditure for essential appointments.

✓

6. Forecast of Ongoing Medical Care

Evidence of predicted future costs for things like physiotherapy or rehabilitation.

✓

7. Home/Vehicle Adaptation Costs

Estimates and invoices for work carried out to adapt your home or car now you have a new disability.

✓

8. Childcare Costs Documentation

The costs of any additional child care arrangements

Our solicitors can review your paperwork and help determine what evidence is relevant. They can then use this evidence to calculate the most detailed amount of compensation owed to you. If you’d like to see how they might evaluate general and special damages for you, start by speaking with our advisors today.

Talk to a Solicitor Today
.

Solicitor explaining how to prove medical negligence claim with their client

How A Solicitor Can Help You Get The Proof You Need

Rather than face the prospect of starting a medical negligence compensation claim alone, you could find working with our solicitors hugely beneficial. There are several ways our solicitors could streamline the claims process and alleviate the stress of evidence gathering. If you work together, you can expect the following:

  • Advice on what evidence can help your claim.
  • Expert use of that evidence to determine a fair level of compensation for you.
  • Help to arrange an assessment with an independent medical expert and get a clear idea of the harm you’ve suffered.
  • Attention to the necessary paperwork needed to start the process, such as the Letter of Claim. This is part of the pre-action protocols required in medical negligence claims.
  • Prompt and effective communication with the defendant’s solicitors and regular updates as to the status of the claim.
  • Compliance with all court deadlines and court instructions.
  • Tailored recommendations for the right barrister if the claim needs to go to court.
  • Help to make the claim within the standard 3-year time limit for starting as set out in the Limitation Act 1980 (this time limit can differ so call to discuss).

Rather than hoping for the best result handling a claim alone, speak to our advisors and find out if our solicitors can take care of everything. Or, if you just have general questions about gathering evidence and trying to prove medical negligence claims, call us first.

Medical professional giving a patient some tablets

No Win No Fee Medical Negligence Claims

In addition to the wealth of expert services our solicitors provide, there’s another benefit to working together. They can offer eligible claimants a type of No Win No Fee contract. A Conditional Fee Agreement (CFA) is a funding option that helps many people seek compensation without concerns of solicitors’ legal fees holding them back. Accessing help through a CFA means:

  • You don’t need to pay upfront fees to your solicitors for work to start.
  • There are no solicitor’s fees expected as the claim develops.
  • If the claim fails, the solicitors will require no payment for their completed services.
  • Hopefully, the claim will settle in your favour, in which case a success fee needs to be paid to your solicitors. This is a small percentage, subject to a legal ceiling that is deducted from the compensation at the end.

Using a CFA to access help from an expert legal team means you’re not worrying about solicitors’ costs as the claim moves ahead. And because of the cap, you get to keep most of the compensation if the claim wins. Interested in learning more? Call now and let our advisors explain how to prove medical negligence claims the right way.

Contact Our Expert Solicitors

  • Ring on 0800 073 8801
  • Also, you can submit an enquiry and claim online here.
  • Ask the chat window below how to prove medical negligence and claims for compensation.

More Information

In addition to this guide, there are other resources below from our website that might be useful:

External information to help:

In conclusion, thanks for taking the time to read our guide. If you’d like further free guidance on how to prove medical negligence claims for compensation and how to work with a medical negligence lawyer, please contact the team using the options above.