Medical, or clinical negligence, has been a significant topic in the UK in recent years. Developments, such as the NHS Resolution maternity safety action plan, highlights the importance of understanding the legal frameworks surrounding negligence claims.

Proving this type of negligence can, in some cases, be challenging and there are multiple steps to follow to if you want to demonstrate that a breach in standards of care has occurred. You might also wish to seek advice from professional medical negligence solicitors to make sure youhave a case that qualifies as negligent.

Establishing duty of care

The first stage is to establish that the healthcare provider owedyou a duty of care. In the UK, this is generally straightforward, as any doctor-patient relationship involves a duty of care. This means that the healthcare professional was responsible for providing you with competent advice, support or treatment.

A healthcare professional could refer to a consultant, GP, nurse, midwife, dentist, therapist or any other NHS or private health provider.

Breach of duty

The next step is to prove that the healthcare provider breached their duty by failing to meet the required standard of care. This is assessed by comparing the provider’s actions to those of a reasonably competent professional in the same field. To demonstrate a breach, you will usually need to gather extensive evidence, which might include health records and expert testimony.

Causation

Proving a breach of duty is not sufficient on its own and it must also be shown that this breach directly caused you harm. It’s important to establish whether the harm would have occurred if it wasn’t for the healthcare provider’s negligence. If the answer is no, causation is likely established. Expert reports are often crucial in demonstrating this connection, as they can provide an authoritative opinion on the cause of your illness or injury.

Demonstrating harm or injury

You will need to show that you suffered actual harm or injury as a result of the breach of duty. This might include physical injury, emotional distress or financial losses incurred.

Evidence to support this could include medical records, witness statements and documentation of any financial implications, such as missed work or additional medical expenses.

Quantifying damages

To seek compensation, you’ll need to quantify the damages suffered. This involves calculating both economic and non-economic losses, such as expenses, lost earnings and compensation for pain and suffering.

It’s important to remember that courts consider various factors when assessing damages, including the severity of the injury, the impact on the patient’s quality of life and any ongoing healthcare needs. Accurate and comprehensive documentation is crucial to support these claims and ensure that you receive fair compensation.

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