How to Prove Medical Negligence

It is not enough to say you have experienced medical negligence. When filing a medical negligence claim, you must be able to prove the negligence completely. Medical negligence claims can take a few months to a few years to resolve depending on complications involved in the case.

Data Collection

The most important element of any medical negligence case is data collection. A successful medical negligence claim needs a clear paper trail. Thanks to that, a medical negligence solicitor looking at your matter will be able to assess it. Every piece of information should be kept to provide your solicitor with the details they need to prove your case and successfully secure the maximum compensation you deserve.

Evidence might include:

• Medical reports,

• Expert opinions,

• Witness statements, including your own,

• Loss of earnings records,

• Pain and suffering documentation,

• Ongoing care needs or treatment costs.

Injury Tracking

The process does not stop with just a mere paper trail of your proposed medical negligence claim. Tracking injuries and medical conditions you experience directly linked to the medical negligence will give your case validity. Experts can help you win your case, so work with a doctor to determine where the injury came from and how it might progress.

Documenting Negligence Impact

Medical negligence can have a long-lasting impact on your daily life. You need to perpetuate this in your case. Documentation of loss of wages, aftercare, and anything else that impacted your daily life from your injuries. Often with medical negligence cases, the impact can be severe. Depending on your circumstances, you might have to alter your home to accommodate your new disabilities, or you might have to stop working your current job and subsequently alter your lifestyle.

Medical negligence claims are not all about medical expenses and how much money you can get but about getting what is owed to you when a medical professional has caused undue pain and suffering. Impact on your family and your life as a whole should be taken into account.

Witness Hunt

Finding witnesses in a case of medical negligence can be a little difficult. Sometimes employees of medical facilities are reluctant to speak out concerning their boss or other medical professionals, but it is possible. People that have kept an upstanding reputation in the medical field and understand their duty to protect and provide the best care to patients have little trouble perpetuating the truth in any situation. Your medical negligence solicitor can be a great help in finding witnesses to help bolster your case.

Medical Experts

Getting another opinion on the matter of medical negligence is a very important step in the process. Medical experts can better assess procedures and the potential for neglect, giving your case a considerable boost in legitimacy. Medical experts can help litigation by writing statements during negotiations but can also show up to court should the case progress to that level.

Establishing the Facts

A successful medical negligence claim is all about establishing the facts in a case and proving that mistakes were made that had a negative impact on your overall health. Your counsel will establish a few items to show the legitimacy of your medical negligence claim.

Duty of Care

The responsibility of care lies with the medical professional. Doctors, nurses, and everyone involved in the care of a patient is required, by law, to do everything possible to care for the patient no matter what. This includes, but is not merely limited to, providing a clean environment for all procedures, following all protocols in place for every procedure, having qualified individuals at every stage of the process, and explaining the procedure properly to the patient. If at any time one or many of these entities were not accomplished, medical negligence is a possibility.

Breaching of Duty

Failure to provide adequate care at any stage can result in injury or even death of a patient. Establishing where the break in duty occurred and who was responsible will help ensure your case is a success.

Causation

Was the neglect in direct correlation with the resulting injury? This question arises when considering causation. We have to establish if the neglect caused the injury directly or indirectly. Demonstrating a duty breach at any level can significantly enhance your medical negligence case.

Medical negligence is no laughing matter. It isn’t your fault a medical professional did not perform a procedure to the best of their ability. It is your responsibility to bring a case to their attention so no one else will endure the pain and suffering you have, so let us help you with your medical negligence case today.

How a Medical Injury Solicitor Can Help

It is highly recommended that you speak to a solicitor who can assist you in understanding your rights and options about a medical negligence claim and who can advise you on how to proceed in light of the CRU. At SilverOak Solicitors, our team of experienced medical negligence solicitors will evaluate your claim and offer insight into the most effective course of action. Contact us to speak with one of our medical negligence experts about your case today.