What evidence is needed to prove a Medical Negligence Claim?
28th June, 2021
Expert Information

Written by Emily Taylor, Assistant Litigation Executive

Medical Negligence Claims require thorough investigation into the treatment that you received in order to establish whether or not your claim is likely to be successful.

What do we need to prove?

In order to succeed in a Medical Negligence Claim, your solicitor will seek evidence to establish whether on the balance of probabilities, the treatment that you received was negligent, that you have suffered injury, loss or damage, and whether your injury, loss or damage would have been avoided had the negligent treatment not occurred.

What can be used as evidence?

Evidence to support your claim may be gathered from the following sources: –
• Your Medical Records – Copies of your medical records from all the relevant hospitals or clinical treatment centres, including your GP records (your medical records will be reviewed by our specialist team and discussed with you).

• Statements of Case – A witness statement from you, stating in your own words your recollection of what happened and how this has affected you.

• Expert Medical Reports – An independent medical expert report may be instructed to review the treatment you received and produce a report which will tell your Solicitor whether they believe your medical treatment fell below the standard you are reasonably entitled to as a patient and how you have suffered as a result. It may also be necessary to obtain reports from more than one expert dependent on the circumstances of your case.

• Complaints Correspondence and Hospital Investigations – Often we are contacted by clients when they have made a compliant about the treatment received and have been informed by their care provider that there were errors in their care. This correspondence can be helpful as it can outline the treatment that you received, and sometimes a root cause analysis of how your injury or loss has occurred, and whether it would have been avoided with alternative medical treatment.

• Financial evidence, such as receipts, payslips, bank statements and invoices, to demonstrate any financial losses or expenses you’ve incurred because of the negligence. This includes past losses as well as potential future losses.
Your Medical Negligence Solicitor will take the necessary steps to obtain the evidence that will be required to fully assess the nature, extent, and cause of the injury you have suffered.

How can Patient Claim Line help you?

At Patient Claim Line, your Medical Negligence Solicitor, along with our team of specialists, will work with you to ensure that your medical negligence claim is presented in the strongest possible way.
We understand that pursuing your case through the Courts and ultimately at a Trial can be stressful. By tailoring our approach to the evidence that we obtain in your claim, we will always work towards achieving an early compensation settlement out of Court where possible. This will save you time and ultimately will allow you to move on as soon as possible from a very distressing period of your life.

If you think you may be entitled to compensation arising out of negligent medical treatment, then contact us today. We’ll provide you with free and trusted advice from a Medical Negligence specialist who will be happy to help you.

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