How do you prove negligence?
To take legal action and claim compensation for you, our solicitors need to demonstrate ‘breach of duty of care’ and ‘direct causation’.
Breach of duty of care is when a medical professional fails to make the decisions and take the actions that a substantial body of reasonably skilled similar professionals would have taken in the same situation.
To prove breach of care, we instruct medical experts to examine your case and to decide whether the care you received fell below an acceptable standard.
If a medical expert says that the treatment you received demonstrates a breach of duty, we will ask them to decide whether that breach caused avoidable harm. This is known as ‘causation’.
If it is likely that the health professional caused the harm or injury you suffered, then you should be entitled to receive compensation from the NHS.