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What do I need to prove to win my claim?
To make a successful claim for medical negligence you have to prove 2 things:
- that the standard of care you received fell below that of a reasonably competent health care professional in that specific area of medicine (negligence)
- that you have suffered a physical or mental injury as a direct result of the negligent action (causation)
Sometimes it is difficult to know whether the harm has been caused directly by the clinical negligence or as a consequence of some underlying disease or illness.
For a claim to be successful you have to prove both negligence and causation. You cannot claim compensation just because someone has done something wrong. You have to prove that this has caused you significant injury.
If we think that your case is worth investigating we will first of all obtain your medical records. These will be checked through and put in order before being sent to an independent medical expert who will compile a detailed report for us. A supporting independent medical opinion is necessary for any case to succeed.
If we consider that we have enough evidence to bring a successful claim we will issue legal proceedings or try to negotiate the settlement of your claim. Often clinical negligence cases can be settled without the need to proceed to trial.