The first step in proving medical negligence is to seek advice from a solicitor. Your solicitor will prepare a letter summarizing your allegations and present it to the defendants. The defendants then have a period of four months to investigate and admit or deny liability. If they deny liability, you will have to prove that they were negligent.
How Do I Prove Medical Negligence?
If the medical professional responsible for your medical mishap is a doctor, you may be able to bring a claim against them. Depending on the circumstances, a claim can be made against a doctor, a hospital trust, a private medical practice, a dentist, a cosmetic surgeon, mental health care professional, and others.
To win a claim, you must show that the doctor breached the standard of care. This standard is called the ‘Bolam’ standard https://solicitors-dublin.com. It is based on a doctor’s actions compared with the actions of their peers.
This standard can be subjective, so a clinical negligence solicitor will need to prove that the standard of care was below a reasonable standard. If you are unable to show that the doctor failed to provide an adequate level of care, your claim may be rejected.
Once you have decided to file a claim, you will need to obtain your medical records. A specialist solicitor will be able to gather these records for you and request medical records if necessary. They will also be able to access a network of leading independent medical experts.