Clinical negligence claims

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If you have been injured as a result of clinical or medical negligence, then you may be entitled to claim compensation for your injuries.

In order to support your medical negligence claim and secure compensation, you have to prove:

  • You received unacceptable care – there was a breach of the duty of care;
  • You suffered pain, suffering, injury, loss or damage;
  • The pain, suffering, injury, loss or damage you suffered was caused by the unacceptable care (this is called ‘causation’);

The burden is on you (as the Claimant) to prove the medical negligence case. Unless you can prove all these aspects of your claim it will fail.

How can I prove medical negligence?

Medical Records

You are entitled to be provided with copies of your medical records free of charge and within 1 month of a request. Medical records were written at the time of treatment and are therefore the earliest records of what happened and consequently the most important. Usually they are written before there is any awareness that an injury has occurred. Medical professionals are bound by a duty of candour to produce honest records. Consequently, medical records are usually seen as a reliable account of the treatment received and will be a key part of the evidence to prove a medical negligence claim.

A specialist Medical Negligence Solicitor can assess your medical records and use them to identify and investigate any treatment that may constitute a breach of duty.

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