Medical negligence is a type of personal injury claim. It arises as a result of a medical professional providing inadequate care for a patient, which causes an injury or worsens a pre-existing condition. There are many forms of medical negligence including:
- Misdiagnosis or delayed diagnosis
- Incorrect treatment
- Surgical error
- Improper anaesthetic application
- Prescription error
- Negligent medical advice
- Injuries during pregnancy or birth
- Dental errors
- Negligent cosmetic care
Each medical negligence case is different and they are often complicated. That’s why instructing award-winning clinical negligence lawyers to prove your medical negligence case is important. Get in touch with us today for a free consultation – we’ll be able to take you through the necessary steps to increase the chances of proving medical negligence in your case.
Is it hard to prove medical negligence?
It can be hard to prove medical negligence in some cases. This is because victims of medical negligence must be able to satisfy the following legal tests:
- Prove that the medical professional or establishment had a duty of care to you
- Prove that the duty of care has been breached
- Prove that this breach has directly caused harm to you
What evidence do I need to prove medical negligence?
Although each case is unique, the types of evidence needed to prove medical negligence remain the same. To support your claim, you’ll need the following:
Medical records
Your medical records will be helpful in assessing the level of care you received and whether this care caused or contributed to any injury that you’ve suffered. The lawyers here at Hugh James can source this information so that we can begin assessing it as soon as possible.
Following review of the medical records, should we consider that your injuries may be linked to medical negligence, then we will have your records assessed by an independent medical expert, who will be asked whether the 3 legal tests above are fulfilled and to provide the necessary evidence for your claim. Should this expert be supportive, we may arrange for you to be examined by them and a further report provided. This will include the extent of the injuries and how they have impacted and will continue to impact your everyday life.
A detailed statement from you
A detailed statement can help to determine when the medical negligence occurred in your opinion as well as set out the impact it has had on your daily life. In your statement, we will ask you to recall each stage of the treatment and inform us when and in what way you consider the negligence occurred. This may be across several stages depending on the type and level of negligence you’ve suffered.
We will then ask you to talk about the impact it has had on your life. This can involve both physical barriers, like getting to your place of work, or mental barriers such as depression and anxiety. This will show us to what extent the medical negligence has impacted you, which will be useful when we come to consider the value of your claim.
Other witness statements
Taking statements from friends and family members can also assist, both to support your allegations of medical negligence and your claims as to how the negligence has affected your daily life . These statements will provide added insight into how you were before and after your injury, which may go a long way in supporting your claim.
Photographs
If the medical negligence has caused a physical injury, then it is helpful to have photographs that support your statement and claim. These could be before and after pictures, to show how the medical treatment has impacted your body.
We understand that medical negligence injuries aren’t always visible on the surface, so don’t worry if you can’t provide any picture evidence.
Expert evidence
We will need to instruct an expert in the same field as the clinician or clinicians who treated you to review your medical records and the other evidence listed above and reach his or her independent view on whether the treatment you received was negligent.
If that expert is able to identify negligence in the course of your treatment, we will need to go on and instruct other experts to provide reports on the extent and severity of damage the negligence has caused.
How can I help?
Medical negligence claims can take a while to reach a settlement, which may leave you frustrated and wanting to do all you can to help with the process. Some additional pieces of information you can provide that can help with the medical negligence claim process, include records of all your medical appointments and what occurred during them.
We would also encourage you to keep receipts and invoices for all the expenses associated with your injury. This includes travel expenses, estimated loss of earnings, private treatment or therapy costs and any equipment or aids you’ve had to purchase. This evidence will help our solicitors to work out an accurate and fair compensation amount for your claim.
