- Learn About The Law
- Accidents and Injuries
- Medical Negligence
- What do I have to prove to claim compensation?
What do I have to prove to claim compensation?
To make a legal claim for compensation, you have to prove two things. These are that:
- the care you received was below the standard that you could reasonably expect from a competent healthcare professional practising in that area of medicine ('negligence'); and
- you have suffered a physical or psychological injury as a direct result of the negligent act or omission('causation').
You cannot claim compensation just because someone has done something wrong. You have to prove that this has caused you an injury. For example, a doctor may be found to be negligent if he or she didn't properly examine a sick child who was later diagnosed as suffering from meningitis. If the parents decide to take legal action because their child suffers long-term complications, their claim would succeed only if they could prove that an earlier diagnosis would have prevented the child's injuries. The fact that the doctor didn't examine the child properly is not enough on its own.
The main evidence you need for a clinical negligence claim will come from independent medical experts. These are doctors or other healthcare experts who can give an expert opinion on your case. They will base their opinion on:
- your medical records;
- your statement about what has happened; and
- any other documents supporting your case.
You may have to be examined by:
- your expert or experts; and
- experts working for the hospital or doctor you are claiming against.
If your solicitor can’t find a medical expert who will support your claim, it will fail.
This content is subject to Crown Copyright
- Community Legal Advice
If an elderly relative suffers an injury in an accident - such as a slip, trip or fall - that was caused by the negligence of a third party, it is possible to make a personal injury compensation claim on their behalf.
If you have been injured during treatment, you must first make sure you are getting the right treatment to try and correct the injury. You may need to get a second opinion or ask your doctor to refer you to another hospital or clinic.
If you have been injured physically or psychologically by a healthcare professional's negligence, you may be able to claim compensation. The injury needs to be serious enough to make it worthwhile paying the costs of making a claim.
If your treatment was private, you need to follow the same steps as you would for NHS care, except that you won't be able to use the NHS complaints procedure. However, private hospitals and private clinics must by law have their own complaints procedure.
If your injury was caused by faulty medical equipment, such as an artificial hip joint, you may be able to claim under the Consumer Protection Act 1987. This also applies to medical products, for example if you were injured or made ill from a blood product.
Medical professionals owe their patients a ‘duty of care’, which means that they are responsible for providing an acceptable level of care to the patient. Medical negligence is a professional negligence by act or omission on the part of a healthcare provider whereby they have breached their duty of care towards the patient and their actions have caused injury or death.
How many are still facing Bullying And Harassment At Work Place ?
Immigration Marriage Fraud
Criminal Law Quiz
Ex wife is moving child away
EU and SA passports: wanting to buy property in UK
Property ownership if owner died intestate
What is Business to Businesses ?
Need some good Telemarketing Points ?
UK Visa vs Criminal convictions
Legality of online sale of contact lenses across EU
Nigel Farage to take legal advice over EU expenses
The leader of the UK Independence Party (UKIP) is taking legal advice after being accused of misappropriating EU expenses, after a former party aide claimed that £50,000 of EU funding was paid directly into a personal bank account of the...
'War Horse' musicians lose legal fight after sacking
Five musicians sacked from the hit West-End musical 'War Horse' have lost a legal fight to have their sacking suspended whilst a breach of contract case is heard, reports the BBC. The five musicians were released by the producers of...
Anti-semitism: Private school faces questions over 'gas chamber' comment by teacher
A London private school is facing uncomfortable questions in the media after the Daily Mail reported an incident in which a teacher told a Jewish student she would be 'sent to the gas chambers' for jumping the lunch queue. The...
Korea state insurance firm sues tobacco companies
The South Korean state insurance company has initiated legal proceedings in Asia against cigarette manufacturers in a bid to have them pay for smoking-related treatment costs, reports the BBC. The unprecedented legal action pit the South Korean National Health Insurance...
Former deputy speaker says CPS should pay legal bill and criticises anonymity for sexual cases
The former deputy speaker of the House of Commons Nigel Evans MP has demanded that the Crown Prosecution Service pay his £130,000 legal bill after being acquitted in a trial over a string of sexual offences, reports the BBC. Mr...
Gay marriage: Chaplain defies rules to marry partner in England
A hospital chaplain has defied Church of England rules to marry his long-term partner this weekend, despite the move being censured by his church, reports the BBC. Same-sex marriage became law in the UK last year, and the first ceremonies...
'Top Gear' venue loses fight over unrestricted flying rights
The owners of Dunsfold Park Aerodrome have lost their legal fight to secure the right to conduct unrestricted flying at the venue, in a blow to the producers of the Top Gear programme that is filmed there, reports the BBC....
Legal challenge to GP exam fails in High Court
The High Court has ruled that the examinations set by the Royal College of General Practitioners is lawful, but rules that it is time for the profession to address the differences in pass rates between white and non-white candidates, reports...
Three-year freeze on asylum seeker benefits to be reviewed
The Home Secretary has been asked to review the amount of money given to asylum seekers as benefits after the High Court ruled that the decision to freeze benefits for three years was based on insufficient evidence, reports The Independent....
Legal case to decide whether doctor's training is discriminatory
A large group of Black and Asian doctors are to mount a legal challenge against the Royal College of General Practitioners (RCGP) and the General Medical Council (GMC) amid claims that the examinations set for GP trainees are inherently discriminatory...
Anti-slavery: MPs and peers call for new laws to be strengthened
MPs and peers have called for the new anti-slavery legislation being drafted by the Government to be strengthened to give more attention to the victims of human trafficking, reports the BBC. The Government is working on a new law to...
NHS charged £83k legal bill for a £1k claim sparking outrage
The NHS Litigation Authority chief Catherine Dixon has lifted the lid on the charges levied by solicitors during compensation claims against the NHS, to reveal how some charge up to 80 times more than the value of the claim they...
Rail Union threatens legal action over East Coast line
The Rail Maritime and Transport Workers union (RMT) has threatened the Government with legal action over its proposed reprivatisation of the East Coast mainline, as well as the Thameslink and Great Northern lines, reports the BBC. The RMT is calling...
UK law to permit sale of home HIV testing kits
The UK Government is to legislate to allow the sale of 'home-testing kits' for HIV infection in the UK, despite the fact that no such device exists in the UK market at present, reports the BBC. The Government has passed...
Debt: New laws come into force to prevent bailiffs using aggressive tactics
New laws to regulate the behaviour of bailiffs came into force yesterday, aimed at cracking down on aggressive tactics that can leave some debtors living in fear, reports the BBC. The reforms come as part of a package of changes...
Whether you are already involved in a lawsuit, or just considering getting help with a legal issue, you may have questions about working with a solicitor. Click through to find practical tips on choosing, meeting with, and hiring a solicitor - including information on fee agreements and expenses.see our hiring a solicitor guide
If you download a song, film, game or software from a file-sharing website or another website (such as a page on a social-networking site) where it's made available, and you do not pay for the item or otherwise obtain it under licence from the copyright holder, then you are infringing someone's copyright.