Medical negligence shown by health professionals can leave a person physically and emotionally affected. If you, or someone close to you, have suffered negligence at the hands of a medical professional, the best way to start the process of healing is by making a claim.
However, medical negligence claims aren’t as smooth and straightforward as they seem to be. Most victims end up losing their case because they fail to prove that they were actually a victim in the first place. This is why it’s highly important to gather as much evidence as you can to strengthen your case.
When you’re looking to prove your medical negligence claim, the best way to win is by hiring a professional solicitor. At Hamilton Douglas Legal, we have been dealing with cases of medical negligence claims in Scotland for a long time. Our expert solicitors will offer free consultation and guide you throughout the process of the case to ensure that you win it.
How To Know If You’re A Victim Of Medical Negligence
An illness or injury is cured with medical treatment every time. There is always a risk of a treatment failing to deliver the expected outcomes. This puts the potential victims of negligence in a difficult position because they are often left confused about whether the damage was a consequence of bad care or the already existing condition wasn’t cured at all.
Therefore, before you kick off your claim process, make sure you know what happened to you. Get in touch with a professional lawyer to find the right answers. A general way to determine if you’re a victim of medical negligence is by following these steps:
You were owed a duty of care by the medical professional
This duty of care was breached
Consequently, you suffered from physical or mental pain
This injury or pain you suffered caused you losses
Proving Medical Negligence
For someone who has suffered, it’s obvious to them that medical negligence did take place, but it’s not so easy to prove it in court. Once you’ve made a claim, you now carry the burden of proof on your shoulders, and therefore, it’s important that you gather proof effectively.
These shreds of evidence can be in various forms, depending on the type and circumstances of your claim, but these are some very common forms of evidence you can gather in any circumstance:
Gather Medical Records
The first and foremost step to take is to keep all your medical records safe in one place. You can also let your solicitor handle all this. All these records will later assist you in illustrating the medical condition you required treatment for and further check if the care you received was reasonable or not.
Moreover, reviewing medical records is also important because it helps in the identification of other relevant medical data entered, which can be linked with your case.
Keep A Track Of Your Injuries And Illnesses
Injuries are of different types, and depending on the nature of your injury, you should keep a track of how it progressed over time with the help of pictures. Photos are the best form of evidence, they cannot be rejected, and this is why these photographs will help you prove your case without the need for extensive explanations and descriptions.
Furthermore, these photos will be used, along with the opinion of the medical experts, to compare the outcome of your treatment and how it should have looked like.
Apart from taking photos, you can also track the progression of your injuries or illnesses by writing notes on how they are affecting your daily routine. These notes won’t play a big role, but they will enable you to easily recall everything about your condition when the need arises.
Look For Witnesses
The next, and one of the most important steps, in gathering evidence is to look for witnesses. These witnesses will provide statements that prove negligence. Remember, it’s better to take a witness statement from the person who was the closest to the scene where negligence took place. So, for instance, if you take the statement of another doctor or technician present at the scene, it would be the most ideal case. However, the possibility of this happening is very rare.
You can also collect statements from your friends and relatives to give insights into how this negligence had an adverse impact on your life.