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How can I prove that my condition is a result of medical malpractice?

There are three things that need to be established to make a claim for medical malpractice.

The first is that you were owed a duty of care. This means that your medical team were responsible for you and for your treatment being of a reasonable standard. So, for example, you are owed a duty of care when you ask your GP what is wrong with you or when you are being treated in hospital.

The second is that the duty of care was breached. This means that the care your medical team gave you was inadequate: for example, a GP failing to refer a patient suffering with blood in their urine to a consultant urologist. Or, if you contracted MRSA in hospital, this might be because the hospital failed to implement effective infection control.

Finally, you need to show that you suffered a loss or injury as a result of the poor treatment that you received.

Your medical records will be a key part of the evidence used in your medical malpractice claim, alongside expert evidence highlighting exactly what went wrong. Your solicitor can arrange this for you.

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