How do you prove medical negligence?

In order to prove medical negligence it is necessary to show that the medical practitioner (i.e. doctor, nurse, consultant, physio, Nursing staff) owed you or your loved one a duty of care, breached their duty of care to you or your loved one and that the breach(es) of duty led to the harm complained of.  This means that there has to have been harm – whether this is physical, mental or psychological harm.

To succeed in a clinical negligence case the burden of proof is on the person bringing the claim, to prove both of the following:

(1) That the treating medical practitioner(s) breached their duty of care (breach of duty); and

(2) that any identified breach of duty caused or contributed to an injury or a worse outcome than would otherwise have been the case (causation).

Proving a breach of duty of care

To prove breach of duty of care, you must show that the standard of care/treatment provided to you by the medical practitioner(s) fell below the standard of a reasonably competent clinician in that field. Just because a person suffers an injury, symptoms worsen, or recovery is delayed it does not automatically mean that the care given at the time must have been substandard. You must prove that you received care or treatment that fell below an acceptable level such that no reasonable body of professional opinion would condone it.

Proving causation

To prove causation, you must show that because of any alleged breach of duty, on the balance of probabilities (i.e., more likely than not), you or your loved one have suffered injury or harm in that the medical condition is worse than it would have been had it been treated appropriately. It is important to understand that there can be negligent errors which cannot be proved to have caused harm. Indeed, it is often difficult to prove causation in clinical negligence cases because the Claimant is usually already ill or injured.

Medical evidence

To prove breach of duty of care and causation you must have supportive medical evidence from an independent medico-legal expert in the field of medicine in question. Medico-legal experts are practising medical professionals, often eminent in their field, who understand the legal tests of breach of duty and causation applied in clinical negligence cases.  Blackwater Law will obtain the medical evidence on your behalf under a Conditional Fee Agreement (No Win/No Fee).

Whilst it is highly complex to prove that clinical negligence has occurred, choosing a specialist medical negligence solicitor will ensure that they guide you through the process and present the best possible case on behalf of you or your loved one.

If you think you or a loved one have experienced a clinical negligence, then please do contact our team who will be able to advise further.