How Do You Prove A Medical Negligence Case?

To make a claim for compensation, we must prove that you have suffered an injury or that your condition got a lot worse because of negligent medical treatment. 

What Evidence Is Needed To Prove Medical Negligence?

The types of evidence that can help support a claim can be:

• Medical records – we’ll get these for you (this will include all x-rays, ultrasounds etc)
• Photographs – these are sometimes helpful to show an injury when it occurred
• A detailed statement from you

Close family members and friends can also help provide evidence as witnesses to your injury or illness.

Other evidence will be provided by independent medical experts, who we’ll instruct to prepare a report on your treatment and the resulting medical condition. The medical experts will be asked to comment on whether the treatment you received was substandard, and whether the resulting injury or health condition was more likely than not caused by that treatment.

Once we have evidence from a medical expert saying that the treatment you received was substandard we will get you seen by a medical expert to report on your condition and when you are likely to recover fully. Many clients find this helpful when coming to terms with their condition and getting access to further treatment and therapy. We have close relationships with many respected and well-renowned independent experts who are specialists in their fields.

What Can I Do To Help?

You can help your claim by collecting as much information about your treatment and injury/illness as possible, starting from when you first became aware that you might have experienced negligent medical treatment. 

This can include keeping your own records of medical appointments, including the treatment given and advice received. Keeping receipts and invoices of all expenses that you have incurred as a result of the negligent treatment will help us to put a value to your claim.

Potential expenses can include:

• Travel expenses for medical appointments
• Time off work and estimated loss of earnings
• The cost of private treatment and therapy
• Equipment and aids to help you to move around your home or out in public, such as a wheelchair, walking sticks, or grab rails.

We’ll include all of your specific expenses when working out how much compensation you could claim.

Medical Negligence Claims – Free Initial Consultation

If you have further questions or concerns about the evidence required to prove medical negligence, you can call our team for free on 0800 121 6567 or contact us online and we’ll get back to you.

The above information relates to the law in England and Wales.

All Scottish cases will be handled by the Scottish law firm with which we are associated, Irwin Mitchell Scotland LLP. The law relating to funding is different in Scotland and you will receive separate advice about what that means as well as a separate funding agreement.