How to prove medical negligence

How hard is it to prove medical negligence?

In order to prove that you’ve been a victim of medical negligence, three elements – referred to as legal tests - must be evidenced.

So, what are the three tests needed to prove negligence? They include:

• Proving the medical professional and/or establishment in question had a duty of care towards you as a patient
• Proving a breach of duty of care
• Proving a breach of duty caused harm to the patient in question. This is also referred to as ‘causation’

What evidence do you need for medical negligence?

In terms of what specific evidence is needed as part of the three legal tests, there are different types of evidence you’ll need to rely on to support your medical negligence claim:

Medical evidence – First and foremost, to make a claim for medical negligence you’ll need evidence that you attended appointments with the medical professional and/or establishment in question. This will be set out in your medical records.

You’ll also need evidence to prove beach of duty and causation. We’ll instruct independent medical experts to comment on whether any or all of the care and/or treatment you received was substandard; and, in turn, whether any substandard care caused you to suffer an injury that you would otherwise have avoided.

You’ll also need evidence of your condition. For this you’ll likely need to attend a medical examination with an independent medical expert who specialises in preparing reports to use as evidence in a legal case.

You may need to attend more than one medical appointment or examination, depending on the type and severity of your condition, to establish the evidence needed to support your claim. We’ll arrange these on your behalf, so you don’t need to worry about organising them.

Financial evidence – We’ll help you claim financial compensation and/or the recovery of costs for things like loss of earnings, medical treatment and rehabilitation, and travel expenses. In order to do so, you’ll need to provide financial proof in the form of pay slips, bank statements and receipts.

Witness statements – In some cases, it may also be appropriate to include witness statements where they’re available, setting out what’s happened to you.

How can Slater and Gordon help?

The vast majority of our clients claim compensation either through legal aid or on a No Win No Fee basis, making legal support for medical negligence claims accessible for many.

We’ll support you in gathering the evidence needed, including organising any medical appointments with an independent medical professional, and will guide you through the claims process step by step.

If you’d like us to support you, we’re here to help. Our trusted team of personal injury layers are experts in all elements of medical negligence and personal injury law. You can also find further information over on our medical negligence FAQ page.

To discuss your options or start a claim, simply get in touch on 0330 041 5869, or, if you prefer, you can contact us via our online form or web chat.