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How do you prove a medical negligence case?

If you are in a position where you think you have suffered from medical negligence and want to begin the process of making a claim, there are steps you need to take to make sure your solicitors can prepare your case. Don’t know what you need to make a claim? Here’s what you need to know in order to put together a successful case.

What evidence do I need to make a medical negligence claim?

Unfortunately, making a claim for medical negligence is not as simple as your word against the professional or organisation. As the claimant, you will need to prove that you have suffered medical negligence and that the injuries sustained were a result of the negligence, and not due to any other underlying condition. The documents you will need to support your claim are:

  • Medical records – these can be sourced by us at Hudgell Solicitors but they will need to be considered in detail by your solicitor and an independent medical expert in the area of medicine you think acted negligently, to report on the level of care you received and whether any failures resulted in any injuries. If the injuries reported can be linked to the negligence then an expert will examine you to provide evidence of the extent of those injuries and how it is envisaged the injury will impact your daily life.  This medical expert will inform you about your condition and when you are likely to recover.  This information should give you peace of mind as we progress with your claim.
  • A statement from you – this statement needs to be detailed and must include, to the best of your knowledge, each stage of your treatment and where you think it fell short. Your statement will also highlight the effect your injury has had on your daily life.
  • Other witness statements – we may ask your friends and family for statements if they are witness to the effects your injury has had on your daily life.

Can I help with any other information?

If a case can be established then it is very helpful if you can provide any information you have regarding the effects of the injury you have sustained and any financial losses you have suffered as a result. Information that would be helpful would be:

  • Records of appointments attended and where
  • A diary of the daily effects of the injury you have suffered
  • A diary of any care you may have received from family and friends.
  • Receipts or proof of expenses – this could be things such as travel expenses to medical appointments, purchases for aids and equipment and loss of earnings due to time taken off work.

How long does it take to make a medical negligence claim?

As the process of making a medical negligence claim is very complex, it can take some time to finalise a claim. This is because we have to collate all of your evidence, before we can put forward the best claim. In the best of cases, it can take between 24 and 36 months to settle your case.

However, if the defendant is quick to admit their liability for your injury, then your claim can be processed must faster.

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Making a Medical Negligence Claim

Making a claim for medical negligence may seem overwhelming at first, but it is the responsibility of our legal team to make the process as smooth as possible for you. Making a claim against a medical professional or organisation providing health care begins with speaking to an experienced specialist about your specific situation.

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