If you intend to claim for medical negligence compensation, you need to be aware of the fact that before a claim can succeed, you will need to prove that there was indeed a breach of duty resulting in an injury, unnecessary suffering or death. Here is what proving medical negligence in order to claim for compensation involves.
Factors of proving medical negligence
To begin with, it is essential to prove that you were not treated or diagnosed correctly. This involves the treatment provided to you being compared against certain standards of reasonable care. These standards are basically set by what can be reasonably expected from medical professionals within the same field of medical care as the field in which the professional accused of negligence operates.
This testing of a medical professional’s compliance with their care of duty, or failure thereof, is called the Bolam test. It involves comparing actions taken, or not, as the case may be, against actions that could reasonably be expected to have been taken.
Causation and medical negligence claims
On occasion, it may well be proven that a professional did indeed breach their duty of care, but this negligence did not actually cause the patient any harm. In such a case, a claim for medical negligence compensation is typically not justified and subsequently unlikely to succeed. It is therefore essential to provide evidence of causation. In essence, this means the claimant has to prove that they received an injury through medical negligence.
Evidence of medical negligence causing injury may include second opinions; photographs of injuries received, written statements, witness accounts and contact details, and so on. If the wrong arm of the victim of a work accident was amputated, for example, a photograph would obviously be very clear evidence. You need to be wary of proving medical negligence before starting your claim.
Road accidents, accidents at work and other claims
In a similar fashion, a person claiming compensation for injuries incurred through car accidents or injuries at work is required to prove that the accident was another person’s fault and that their injury was the result of this accident.
Again, evidence to support a claim against injury by work accidents, car accidents or accidents through faulty products, for instance, needs to be gathered to prove liability. Proving medical negligence can be difficult, so you need to ensure you have all the necessary evidence available.
Making compensation claims
It is possible to determine whether a claim has a chance of being successful by using the compensation calculator provided on the website of: Accident Advice Helpline. Alternatively, it is possible for you to call the company’s free-phone number and speak in confidence to one of the experienced, helpful advisers there.
Date Published: October 17, 2013
Author: David Brown