To prove medical negligence for compensation claims, you must show that you were under the care of a medical professional, that the care they provided failed to meet professional standards, and that this failure caused avoidable harm. When we seek medical care, we assume that we will be treated in line with professional standards. When medical professionals fail to meet these standards, patients can suffer avoidable or unnecessary harm. If you have been harmed by substandard medical treatment, you could be owed compensation. Knowing how to prove medical negligence is a key component in making a successful claim.
You can find explanations to other terms used in our legal glossary, learn about how to prove your claim below, and contact us by
- Tell us what happened online.
- Contact us with the details of your medical negligence case.
- Phone 0800 408 7826.
How To Prove Medical Negligence
- What Four Elements Will Need To Be Proven?
- Medical Records
- Expert Testimony
- Personal Account
- Witnesses
- Photographic Evidence
- Correspondence
- Will It Be Hard To Prove Medical Negligence?
- Will Proving Medical Negligence Be Easier If Working With A Solicitor?
- Learn More
What Four Elements Will Need To Be Proven?
The four elements needed to prove a medical negligence claim are that you were owed a duty of care by the medical professional, that they failed to uphold this duty, that this either directly caused or made worse your medical condition, and that you suffered verifiable harm.
Below, we explain what each of these terms means and their role in medical negligence compensation claims.
Duty Of Care
Duty of care refers to a medical or healthcare provider’s legal and/or professional responsibility to patients. This is automatically created where there is any formal doctor-patient relationship. Per this, healthcare providers must meet minimum expected standards, such as those set by the General Medical Council or other professional bodies.
Breach Of Duty
Claimants must clearly prove that the healthcare provider breached their duty of care, whether through action or inaction, by failing to provide care which would be expected of a reasonably competent medical professional. The Bolam Test may be used to help assess whether appropriate standards of care were met.
For example, a doctor may miss the clear signs of breast cancer in a patient, misdiagnosing them with another condition. This delays diagnosis and treatment, leading the patient’s condition to worsen.
Causation
You must be able to show that the breach of duty identified above either directly caused you harm or materially contributed to your condition being worsened. At this point, the “but-for” test may be applied. This assesses if the patient would not have been harmed, but for the action or inaction of the defendant.
In the above example, it must be established that the patient only suffered harm due to the doctor’s inaction or action.
Damages
You must be able to prove that the breach caused you actual harm. This harm may be physical, psychological, or both. In addition, you may also have suffered financial losses. This may be quantified under the head of loss called “special damages”.
If you are unable to prove any of these elements you will not be able to make a winning medical negligence claim. Find out how to prove medical negligence compensation claims by talking to our specialist team.
Medical Records
Your medical records should show where you were treated, what diagnosis you were given, and what subsequent harm you suffered. These records may include doctors notes, test results, referrals, and other information. They will also show who treated you, such as a hospital, GP surgery, or other medical provider.
Get in touch if you have suffered due to hospital negligence or other substandard care.
Expert Testimony
Expert testimony could help to identify circumstances where negligent treatment occurred, who was at fault, and the extent of any harm suffered. The solicitors on our panel work with independent medical experts who could impartially assess the quality and standard of medical care provided and its impact on you. If their report identifies clinical negligence has occurred, it can be used to support your claim.
For example, their investigation may discover an avoidable surgical error occurred which worsened your condition and which required subsequent medical care. An advisor could explain more about the role of expert testimony and medical evidence needed for a claim.
Personal Account
You can use a personal account to record the impact negligent treatment had on you, recording effects on your health, how your work, family, and social life were affected, and details of any financial losses this caused.
By providing evidence and documentation showing the wider impact of a prescription error or other form of negligence, you may be awarded further forms of damage, such as for lost income. Contact us about your medical negligence compensation settlement.
Witnesses
Family members, friends, and others present during diagnosis, treatment, or who saw the impact of negligent care on you could be asked to provide a statement in support of your medical negligence case. A solicitor could take detailed statements from any witnesses who may corroborate your personal account of events. They may also provide additional information if you were unconscious at any point during your treatment. Our specialist team could connect you to a solicitor.
Photographic Evidence
Photographic evidence may help you to make a successful medical negligence claim by documenting any visible harm you suffered. This may include visible scarring from surgical sites, infections with visible impacts, and any other harm causing visible effects on you.
Speak to our team to learn how photographic evidence could help support successful medical negligence claims.
Correspondence
Correspondence between you and your doctor, surgeon, pharmacist, or other medical professional may contain records of diagnosis and treatment and complaints made, as well as any replies from them. This may provide documentary evidence of any harm you suffered.
Our team is on hand to explain the role of evidence in winning medical negligence claims. Please contact an advisor today.
Will Proving Medical Negligence Be Easier If Working With A Solicitor?
Working with one of the medical negligence solicitors from our panel can help you understand the claims process, provide assistance in collecting complex medical (or other) evidence, and build a strong base for your case.
One of the expert lawyers or solicitors from our panel could help,
- Secure documentation, such as your medical records and correspondence related to your claim.
- Organise for an independent medical expert to review your case, how you were harmed, and your prognosis.
- Take witness statements in support of your case.
- Support you at every step of the claims process.
We work with a panel of medical negligence solicitors, one of whom could help you claim compensation.
Why Choose Compensation Calculator UK’s Panel Of Solicitors
By choosing a specialist solicitor from Compensation Calculator UK’s panel you could access expert legal representation, support throughout the claims process, and a No Win No Fee service. A solicitor from our panel could:
- Investigate how substandard care caused harm.
- Assess its financial impact on you.
- Secure proof and evidence.
- Ensure your claim is filed within the limitation period.
- Prepare your claim for court. Only necessary in a small number of cases.
By offering you their services via a Conditional Fee Agreement (CFA) the solicitor would only charge for their services at the end of a successful case. This ‘success fee’ would be automatically deducted by the solicitor and is charged as a small, legally limited, percentage of your compensation. If your claim is unsuccessful, the solicitor would not charge for any work carried out on your claim.
Contact Our Advisors To Get Started
Please contact our advisors to get started today,
- Phone 0800 408 7826.
- Contact us using our form.
- Speak to an advisor live.
Learn More
You can learn more about medical negligence claims in these resources.
- You can find our medical negligence calculator here.
- View our delayed diagnosis calculator here.
- Check what you could claim for misdiagnosed cancer.
References.
- Learn more about NHS patients rights and responsibilities here.
- View the NHS constitution for England in this government resource.
- Learn about duty of care in this resource from the Royal College of Nursing.
Learn more about how to prove medical negligence for compensation by discussing your case with our team.
