If you’ve suffered harm as a result of a medical professional’s negligent actions or inactions, you might be wondering how to prove medical negligence. Typically, this can be proven by gathering sufficient evidence that demonstrates you suffered unnecessary harm due to receiving negligent medical treatment, such as your medical records and a symptom diary.
Here at Legal Expert, we understand that suffering harm due to negligent medical care can be devastating, often with life-changing consequences. From leaving you unable to work to disrupting your routine and potentially even affecting your mobility, we are here to help you seek the compensation you deserve. Although compensation can’t undo the harm you’ve experienced, it can be used to fund any ongoing medical costs or cover financial losses you have suffered.
To learn more about how to bring a medical negligence claim, get in touch with us using the contact details below. Our advisory team can provide you with a free consultation to explore the options available.
4.8 (466 reviews) How To Prove Medical Negligence
To prove medical negligence, you will need to provide evidence that shows you suffered unnecessary harm due to receiving negligent medical treatment. This could include any test results and medical records. Throughout this guide, we will share in more depth the different types of evidence you could gather.
In essence, to make a clinical medical negligence claim, it must be proven that:
- You were owed a duty of care from the medical professionals who treated you
- They breached the duty of care they owed
- Their breach led to you suffering avoidable or unnecessary harm as a result
Any medical professional who treats you has a duty of care to provide you with the correct standard of care. This can include doctors, nurses, pharmacists, etc., regardless of whether they work in a hospital or GP surgery under the public or private healthcare sector. They can adhere to this duty by:
- Properly appreciating patients’ concerns
- Ordering further testing, scans or X-rays where necessary
- Listen to patients’ symptoms and take them seriously
- Provide correct medical advice, such as guidance on how much medication to take
If they fail to do this, and this causes you to suffer harm that could have otherwise been avoided, this is known as medical negligence, and you may be able to make a compensation claim.
For an obligation-free consultation, please get in touch with our advisory team today. 
How To Prove A Healthcare Provider Owed A Duty Of Care
To prove that a healthcare provider owed you a duty of care, you must establish that a doctor-patient relationship existed, which places a legal responsibility to provide competent care.
Essentially, to prove that a medical professional owed you a duty of care, you will need to provide evidence that you were treated by one, such as:
- Confirmation of any hospital or GP appointments
- The contact details of anyone who attended your appointment with you
- The name of the medical professional who treated you and where they work
- Your medical records detailing any appointments you had
If you have any questions regarding how to prove medical negligence, you can contact our advisors today.
4.8 (466 reviews) How To Prove A Duty Of Care Was Breached
When proving that a duty of care was breached, it must be demonstrated that a medical professional provided care that fell below the standard that was expected of them, which could be shown through documentation such as your medical records, copies of prescriptions and even photos or a personal diary outlining your symptoms and the extent of harm you suffered.
Below, we discuss different types of evidence and how they can be invaluable when proving that a duty of care was breached:
Medical Records
Medical records can help prove that a breach occurred by providing a chronological account of your medical treatments. Through establishing a timeline, the records can help to prove irrefutably that a medical professional’s failure directly caused your harm.
Moreover, medical records can display any errors in either treatment or diagnosis, helping to demonstrate if a procedure was incorrectly performed or if a diagnosis was missed.
Your medical records can also provide evidence that can be used by an independent medical expert to determine if the care you received was substandard, based on your medical records.
Witness Statements
Witness statements can be beneficial when proving that a duty of care was breached, as they provide both a factual and a first-hand account of the events. Statements can often be used by the courts when establishing the timeline of events, and helping to assess whether the medical professional’s treatment fell below the minimum standard of care.
Statements from anyone who might’ve witnessed the treatment can corroborate your version of events, whilst increasing credibility. Any facts provided within a witness statement can later be used by medical experts to be compared against the expected professional standards.
It is important to note, however, that you cannot gather these statements yourself; a legal professional must do this. You can, however, gather the contact details of anyone who witnessed your treatment to pass on to your solicitor for them to gather statements from them.
The Bolam Test
The Bolam Test could help with proving you received standard medical treatment. A panel of medical professionals, trained in the relevant field regarding your case, assess whether the treatment you received was of a correct standard or not. If this panel decides you received substandard treatment, this could be used to further prove that a medical professional breached their duty of care.
We understand that it can feel daunting to gather this evidence, which is why if you work with one of our expert medical negligence solicitors, you won’t have to gather these documents alone. Get in touch with us today to learn more about how to prove medical negligence with the help of one of our solicitors.
How To Prove Medical Negligence Caused Harm
To prove that medical negligence caused harm, you could provide documentation such as your medical records detailing said harm you were diagnosed with and the subsequent treatments, a symptoms diary and the findings of an independent medical assessment.
An independent medical assessment can provide you with an unbiased evaluation of your medical condition, often determining the extent of the harm you suffered, whilst also acting as supporting evidence when bringing your claim.
A personal diary can act as contemporaneous evidence by establishing a timeline of events again. Personal logs can help determine the full extent of the harm you experienced by showing the ongoing level of pain you have suffered and how your daily life has been affected.
One of our expert solicitors could help you with providing the extent of the harm you suffered when making a medical negligence claim. Contact our advisors to learn more.
How To Prove The Damages And Losses Incurred
You can prove damages and any incurred losses by providing evidence of said losses, such as your medical records and any invoices.
General damages are calculated more subjectively, as they are compensation for the physical and psychological pain and suffering you have endured. As aforementioned, this harm could be proven with documents such as your medical record and the findings of an independent medical assessment.
Conversely, special damages can be calculated by quantifying all financial losses incurred due to the medical negligence.
Below, we discuss how to prove these special damages with evidence:
Proof Of Lost Income
To prove a loss of earnings, you must gather financial records such as payslips and bank statements, which show your earnings before and following the harm. Additionally, your medical records can help demonstrate how your employment prospects might’ve been restricted as a result of the medical negligence.
Medical Treatment Invoices
Any receipts or invoices for medical treatment can be crucial when proving the financial losses you have incurred. Things such as private treatments or the costs of corrective surgery can be reimbursed as special damages.
Prescription Costs
Keeping receipts of ongoing medication costs can demonstrate these losses and help when claiming them back.
Cost Of Any Needed Specialist Equipment
If you now need wheelchairs or any specialised equipment to help with accessibility or mobility, we suggest you compile any invoices for this equipment so they can be claimed under special damages.
Care Expenses
Suffering harm after medical negligence can now mean you require professional care; this can be a huge expense, particularly if you’ve been left unable to work. Compiling any invoices for the costs of this care can help establish the losses you have incurred.
Cost Of Needed Travel
Gathering receipts or booking confirmations for travel expenses such as mobility-friendly transport can help prove these incurred costs.
Ongoing Medical Expenses
Invoices and other documentation for ongoing medical expenses can be used to determine any continued costs. Things like treatments, consultations and even ongoing prescriptions can all be costly, and claimed back provided you hold invoices or receipts.
Adaptations To Home Or Vehicle
You could require home or vehicle adaptations following the harm you experienced. Keeping any invoices for installation costs, or expenses for materials needed for these modifications can help when proving them.
Childcare Expenses
If you’re unable to provide care for your children as a result of the harm you suffered, you might require childcare. The costs of this can again be hugely expensive. Keeping any receipts or invoices for this care can help prove the costs and help when claiming them back.
Essentially, to prove damages, you must hold evidence of them. We understand it can feel overwhelming, especially if you are still in the process of recovering; a solicitor from Legal Expert could help you gather all the evidence you need to prove these incurred costs. Contact us today to learn what else you could claim for within a medical negligence claim.
How Legal Expert Can Help You Get The Evidence You Need
Here at Legal Expert, our solicitors have decades of experience helping claimants prove medical negligence and seek the compensation they deserve. With our specialist knowledge and range of services on offer, we can help you bring your claim, whether it be for a misdiagnosis, birth injury, etc., we are here to help.
Through working with one of our expert medical negligence solicitors, you could expect:
- Regular updates about the progression of your case
- Help with gathering documents to create a strong body of evidence that can help prove medical negligence
- Arranging an independent medical assessment, which can strengthen your case
- All correspondence with the defending party handled on your behalf
- Negotiation with the defendant’s legal representatives
- Fighting for a settlement that reflects the entire extent of harm you have suffered
Additionally, our solicitors work on a No Win No Fee basis under a Conditional Fee Agreement. This means that you’d have no solicitor’s service fee payments upfront, in order for one of our solicitors to begin working on your case. In addition to this, you’d have no costs to pay for our solicitors’ services during the claims process, nor would you have any solicitors’ fees payable if your claim were to fail for whatever reason.
Rather, if your claim were successful, then a percentage would be deducted from your compensation. This acts as our solicitor’s success fee, and is limited in line with the law to make sure that you receive the bulk of your compensation.
Contact Our No Win No Fee Solicitors
Contact our solicitors today if you are still wondering how to prove medical negligence or to learn more about how one of our No Win No Fee solicitors could help you.
- Call us on 0800 073 8804
- Contact us online
- Speak with an advisor using our live chat
Learn More
Why not read our other guides about:
- How much compensation for anaesthetic negligence claims
- How to claim for oesophageal cancer misdiagnosis
- When can you claim for pancreatic cancer misdiagnosis
Helpful External Resources
- The government overview on claiming Statutory Sick Pay
- Good medical practice information from the General Medical Council
- Advice for claimants when making a claim against the NHS
Thank you for reading our guide on how to prove medical negligence.
