Proving negligence

If you intend to get involved in medical negligence litigation, you will need to prove that your doctor or other medical professional acted negligently in their treatment of you – in particular you will need to be able to establish the following:

• That they acted in a way that no competent doctor would have done

• That their actions are directly related to the personal injury you suffered as a result of their treatment

As the person making a medical negligence claim, the burden to prove this falls upon you, although your medical negligence solicitor will be able to support you throughout the process.

Commonly, when you first discuss your case with your solicitor, they will review all the evidence so far related to your case to see whether you might have a claim. If they believe that you do, based on what you tell them and on any other evidence you are able to provide, further action can be taken.

Medical Negligence Litigation – the need for expert evidence

Normally in medical negligence claims, you will need an expert medical testimony to back up your case. This will usually come from an independent doctor or other relevant professional, one who is skilled in the treatment area in question and preferably one with experience of dealing with negligence cases. This can be especially useful if your case ends up in court. Rest assured that our specialists will provide you with the right medical expert.

It’s important that the expert witnesses you use are credible and competent, as the doctor you are accusing of negligence is very likely to have their own witnesses to back up their side of the story. This means you need to prove beyond doubt that the doctor acted negligently and sometimes this is harder than others. One common role of the independent expert is to write a report on the case and the injuries you have suffered as a result of the negligence, which can be used in evidence.

Also as part of the case, you will need to apply for the relevant medical records to do with your care. These will form a crucial part of your evidence against the negligent doctor and, without them, it may be very difficult to prove negligence.

All of this information together will help to build up a clearer picture of what actually happened and will enable you and your solicitor to determine whether or not you have a good chance of success in a medical negligence claim. It’s important to get as much proof as you possibly can before officially starting a claim or else you may find it more difficult to progress to the outcome you’d like to see.

Your medical negligence solicitor will be able to offer you advice and conduct investigations on your behalf, so you don’t have to worry about proving your doctor’s negligence all on your own.

Thinking of Medical Negligence Litigation – call us as soon as possible

Strict time limits apply to every medical negligence claim. Delaying making your claim can mean you lose the right to claim compensation entirely.

For FREE advice and a FREE first interview from our  Medical Negligence Specialists

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