Proving your medical negligence case

Proving your medical negligence case to allow you to recover damages for any pain, suffering and loss of amenity caused is important and requires expert legal representation.

As Specialist Medical Negligence Lawyers, we may be able to represent you now on a No Win, No Fee basis for a legal case. Speak to our team here now for free, no-obligation legal advice to find out if we can help you today.

How to win a medical negligence case

When it comes to proving your medical negligence case, you are typically facing two key hurdles that we need to overcome.  The first is about negligence, where you must prove that what has happened to you has been the result of some form of error or mistake that was avoidable. This is an important distinction, because many things can incidentally go wrong or be completely unavoidable when it comes to medical treatment. It is important to identify that you have been the victim of actual negligence as opposed to an inherent risk.

That being said, if you were the victim of an inherent risk that you were not properly informed about, and did not give proper consent for, that could be negligence. Ultimately, it is about proving that something has gone wrong that should not have gone wrong in the first place.

The second part is called medical causation, which is about proving that any negligence that has been established has then actually resulted in any suffering that you have endured. In some cases, you may be the victim of negligence and something may have gone wrong, but you might have actually not suffered any more than you already were doing. Given that English law means you must prove that there has been some kind of suffering to be able to claim, as any damages are based on the suffering, it is essential to establish medical causation.

An easy example is this: if a mistake arose from negligence and caused you to suffer more significant injuries, or suffer longer, that can be used to prove medical causation in that you have suffered due to the negligence.

How we prove these elements is usually down to our own legal experience as well as expert assistance from a medical consultant who can see you and produce a report for us. The independent expert can then give their opinion as to whether you have suffered as a result of negligence and whether this caused you problems which then crosses the medical causation hurdle.

The importance of proving your medical negligence case

The importance of proving your medical negligence case is really the difference between winning and losing a claim, so it is the most important thing to do. Sometimes, it can come down to the quality and nature of any evidence that you have, so it is important to make sure that you start a claim as soon as you possibly can. The quicker you start, the fresher the evidence can be, and that can mean reduced risks of things going missing or problems occurring.

What you do not want to do is leave it too late or do something that could potentially prejudice your position.

Get legal help from the experts now

Proving your medical negligence case is something that we here as expert clinical negligence lawyers may be able to do for you on a No Win, No Fee basis.

The first place to start is to contact our team for free, no-obligation legal advice here now.