How to prove your medical negligence claim
For a medical negligence claim to succeed, we will need to establish three things;
1. First of all that a duty of care was owed to you by the medical practitioner
2. Secondly, that the treatment that you received fell below the standard of care that you could have expected from a reasonably competent medical practitioner.
3. Thirdly, we will need to establish exactly what type of injury/loss you have sustained as a result of the negligent treatment i.e. what harm should and could have been avoided. This must be distinguished from the pain and suffering which you would have experienced in any event.
A medical practitioner may have a Defence to a medical negligence claim if they can prove that a reasonable body of medical practitioners would have treated you in the same way. This is known as the “Bolam” Defence.
In order to establish negligence we will need to instruct an expert, who will be a doctor/dentist or nurse of the same experience as the Clinician who you are alleging was negligent Our expert will be selected from our database, which has been developed over many years, so that we now have experts all over the country.
The Legal Services Commission have prepared a helpful leaflet explaining Medical Negligence claims and this can be found at the link below.