In simple terms, medical negligence means that a medical professional acted below an acceptable standard of care, and caused avoidable harm through their actions or decisions.

As simple as that explanation may be, when it comes to proving medical negligence; this can be a more complicated beast. Often the doctor or medical organisation, such as the NHS, is not willing to admit the mistake, which means that you are left to gather evidence that proves that the negligence took place.

Without a lawyer by your side, this information-gathering process can be stressful and exhausting – particularly when you are already recovering from a medical mistake and the wider impacts of that mistake.

Here, we break-down how you can prove that medical negligence took place, how a solicitor can help you, and what evidence we will need to obtain, in order to successfully fight your case.

Breaching a duty of care and the wider impacts

In order to make a successful medical negligence claim, it is important to prove more likely than not that that you suffered an injury or illness, or that your condition worsened, because of a breach of duty of care. Medical professionals; whether that be a doctor, nurse, dentist, surgeon – or any other medical professional within the NHS or private sector, have a duty of care to act in accordance with acceptable standards and to do no harm.

When a medic breaches that duty of care and acts in a way that is harmful to their patient – harm that could have been avoided if the medic acted in a more appropriate way – there can be many wide-reaching consequences of that action. For example, if you visit your GP who fails or delays referring you to a specialist, and that delay or failure results in your condition becoming worse; you could be entitled to pursue a medical negligence claim.

The success of the claim and the value of the compensation settlement would depend on why the injury was caused, and what the wider impacts have on you. For example – if the delay in referral results in the worsening of your condition (increased pain, long-term complications or even an avoidable surgery) this would all be considered in the investigation and valuation of the claim.

The impact of a medical mistake doesn’t just rest with immediate worsening of the condition. Dependant on the severity of your suffering, there may be financial implications – if you are unable to work for an extended period of time, for example. There may be some emotional distresses and development of mental health complications. Your long-term health could deteriorate, and there may be further medical interventions in order to correct the mistake.

And of course, the distress is not just limited to yourself. When you suffer medical negligence, your friends and family are also affected. You may rely on those closest to you for support, financial help, transport and general day-to-day activities; and this can also be compensated.

Starting the medical negligence investigation

When you begin the journey towards justice, you will first need to obtain sufficient evidence that the negligence took place. This includes specialist medical opinion(s) and maybe photographs of injuries sustained, a timeline of your appointment history and a detailed statement from you about your experiences. There may be other records and accounts required, dependant on the type and complexity of the negligence you experienced, but all of these records are crucial to proving your case.

In some cases, family members may also be asked to provide their statements about what took place. This may be particularly important during times of impaired consciousness, if you suffered some drowsiness or confusion due to the side effects of any medication. Often when we are experiencing a medical trauma, we are unable to remember all of the details that took place, and that is where the help of family and friends comes into play.

The benefits of working with a medical expert

When you enlist the support of a medical negligence lawyer to gather this information on your behalf, you immediately make the process much easier for yourself. As medical negligence solicitors, we will source your medical records on your behalf. We will also gather evidence from independent medical experts who prepare reports on your treatment and the results of that treatment.

These experts weigh in on whether your treatment was below the usual and expected standard of care, and if that substandard care resulted in your illness or injury. Each of these components is necessary in proving a medical negligence case. Again, your legal team will arrange these expert assessments and will ensure you will not have to pay for these.

Our specialist team will assess your information and let you know if you are eligible to make a medical negligence claim. It can be difficult to understand your rights without the help of an expert, and often the doctor or medical body will not admit fault for the distress or injury caused.

We will investigate the evidence on your behalf, and help you to assess if you have a medical negligence case.