In order to prove Medical Negligence has occurred, it is the responsibility of the claimant to provide evidence. This evidence must demonstrate that the duty of care has been breached and as a result, the patient has suffered injuries whether they be physical or mental. It is, however, important to note that the treatment received not being successful or not working in the way the patient hoped does not constitute as Medical Negligence. There is also a misconception that if you believe someone did something wrong during your treatment you are able to put forth a claim but again, you can only do so if harm was caused.
In order to have a successful claim you will need to provide proof of a number of occurrences during your treatment:
- The duty of care was breached.
- This breach of duty of care has subsequently caused harm to the claimant.
- As a result of the harm caused, the claimant has lost out on earnings and experienced other losses, financial or otherwise.
- Finally, the claimant must prove that the healthcare professional treating them owed a duty of care to not cause any injury.
During this process, many claimants find that the most difficult area to navigate is providing evidence that harm has occurred due to negligence and not as a result of an underlying condition. This is particularly difficult when the injury pertains to mental health and the claimant has suffered from such problems in the past.
As part of the process, there will be an investigation using two specific tests; the Bolitho Test and the Bolam Test. Each of these will use other practitioners in the field to conclude if given the same set of circumstances would they have done anything different that could have avoided the patient coming to harm.
When looking to put forth a medical negligence claim you will need to allow your solicitor to have access to your full medical record. From here they will check over every detail to ensure you have everything you need for a successful claim as well as bringing in an independent medical expert to help compile a report.
To find out more about making a medical negligence claim, contact Mark Reynold Solicitors today. You can reach us by calling 01928 560022 or using the form on the website.