Medical negligence claims are different from general personal injury claims – they require that you, the claimant, prove two separate things: that the healthcare professional failed to carry out their responsibilities (fault) and this is what caused you to be in the position you are now (avoidable harm).

Fault - You may hear your medical negligence solicitor talk about a ‘breach of duty’. This simply means that, for the type of treatment you received, your care  fell below the standard expected of a reasonably competent and skilful specialist. In other words that they failed to treat you in the way you could reasonably hope to be treated.

Avoidable harm - This is also called ‘causation’. It means that you need to show that the negligent care (rather than the underlying condition) caused you harm. This may sound relatively easy to prove, but in reality it can be difficult particularly when someone was already ill.  Your lawyer will probably recommend that you obtain a medical report from an independent medical expert to help prove these two issues. They will be able to arrange this for you.

For more information on making a medical negligence claim, read our free Medical Negligence Expert Guide or contact one of our expert Medical Negligence solicitors