How do you prove your medical negligence claim?

Given that this area of law can be complex and requires a specialist lawyer, what’s the best way to prove your medical negligence claim?

There is evidence that we can obtain that is often seen as the ‘standard’ for this type of case. We can also use witness evidence from you which can help when a claim, especially when a claim is being disputed. This kind of evidence can be used to prove that you’re entitled to compensation and can  be used to value your case as well.

There’s also the need to make sure that you get a good lawyer on board. This can be the difference between succeeding with a case or losing out on thousands of pounds in compensation!

Primary way to prove your medical negligence claim

The primary way in which you can prove your medical negligence claim is with specialist medical evidence from an independent expert.

This is something that we arrange for you as part of a case. A private expert can see you for an appointment and can also review your medical records and the trail of what has happened. They can then produce a report with their expert opinion which will typically cover two key things:

• Whether there has been a case of negligence;
• The extent of the suffering you have endured.

Only in cases where there has been negligence can you usually settle a claim for medical negligence compensation. A key purpose of the independent expert is to establish this. If we can establish negligence, we can also use the report to prove that the negligence led to some form of suffering. In the law of England and Wales, you can make a personal injury claim for the injuries and losses caused by negligence. A medical report can also support this important part of a case too.

Witness statements

We can also help to prove your medical negligence claim with witness evidence from you. This can be a formal statement of the events from your perspective and how this has affected you.

This can be important; especially in cases where there may be a dispute of liability. If the opponent healthcare organisation is defending the case, your witness evidence could also be key in being able to prove that you were a victim of negligence and how this has affected you.

If a case goes through the court process, which doesn’t happen in most personal injury claims, your statement can be used as formal evidence.

Getting a good lawyer!

As well as the need to generally prove your medical negligence claim with the appropriate evidence, you should always get a good lawyer on board!

Medical negligence is a complex and niche area of law, and these kinds of cases can be difficult to win. As such, getting an experienced lawyer with the right expertise in this area of law can be key to being able to win. As our name suggests, we specialise in medical negligence law when it comes to personal injury cases. This includes claims where damages are in the millions for serious incidents.

We can offer No Win, No Fee representation for cases that we can take forward and that are eligible. For free, no-obligation advice, you can call the helpline on 0800 634 75 75.