How to Prove a Medical Negligence Claim

How to Prove a Medical Negligence Claim

Being in the hospital can be a scary experience. The times when we need to stay in hospital are often the times where we are at our most vulnerable. We entrust our health and wellbeing to doctors and other healthcare professionals during these times and we expect them to provide us with the very best standard of care possible.

On the thankfully rare occasions when the standard of care that we receive is sub-standard, there are processes that exist which allow for financial compensation to be awarded.

If you feel that you have suffered injury or illness as a result of negligence while staying in the hospital, then you could be entitled to compensation. You should note, however, that the simple fact that you have sustained an illness or injury is not enough to establish that clinical negligence has occurred.

In order to meet the criteria for clinical negligence, you will have to be able to prove that the injury or illness you sustained could have been prevented if an alternative course of treatment had been offered.

What Counts as Medical Negligence?

Not every experience of poor service while in the hospital will meet the criteria for medical negligence. However, it is also worth noting that a medical negligence claim need not necessarily occur from a hospital stay.

Any needless suffering you endure while at any form of healthcare facility, or while undergoing any form of medical procedure, can amount to medical negligence.

The key consideration is whether the suffering you endure could have been prevented, as well as whether those who were responsible for your care could and should have anticipated that their decided course of action would cause you harm.

Pursuing a Claim for Negligence

Pursuing a claim of medical negligence is something that anyone can do. You should first consult with medical negligence lawyers. Solicitors such as The Medical Negligence Experts can help you, as they will be able to advise you as to whether your case is strong enough to be worth pursuing, and can offer services on a no win no fee basis.

The standard of proof that you have to reach for a medical negligence claim is higher than it is for other similar types of claim. Cases of medical negligence also usually take longer to resolve than other forms of a negligence claim.

However, for claims made against NHS hospitals, 98% are resolved without going to court, meaning either a settlement is reached, or the claim is dropped.

Proof

In terms of proving your claim, there are two tests that need to be met. The first is that you have suffered an illness or injury, to begin with. This must be shown to have occurred because of the treatment you received from the person or institution you are claiming against.

The second is that had you received an alternative viable form of treatment, one that should have been recommended or offered to you, then you would not have suffered illness or injury.

In essence, the proof will come down to obtaining another medical opinion from a qualified doctor that supports your case.

Bringing a case for medical negligence is not a quick process, but if you feel you have been wronged then you should definitely pursue it.

Editorial Team
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