How to prove medical negligence

To prove medical negligence the burden of proof lies with the claimant. There must also be proof that a duty of care has been breached and the patient concerned has suffered physical and/or mental injury as a result. It cannot be enough that treatment was not a success, or did not work as hoped. It is also not possible to claim compensation just because someone did something wrong - it must have caused you or the patient concerned harm.

To have a successful claim you and your medical negligence solicitor will need to prove the following:

  • That the healthcare professional owed a duty of care to the claimant not to cause injury
  • There was a duty of care breach
  • That the breach of duty of care has caused harm to the claimant
  • Damages and other losses (such as loss of earnings) have resulted from the harm caused by the breach of care

What can be most difficult with medical negligence cases, is proving that harm has been done by negligence and not by any underlying condition.

When trying to prove a breach of duty of care, each medical negligence case will need to pass the 'Bolitho test' and the 'Bolam Test'. These tests look at what ought to be done and what most other practitioners would have done in the same circumstances.

If we take on your case, we will need access to your medical records and these will need to be checked both by a solicitor and by an independent medical expert, who will compile a detailed report.


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28 Nov 2018

Clinical Negligence


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