If you’ve been let down by medical treatment, it’s natural to feel unsure about what to do next. You may be wondering how you can prove what happened and whether you’re entitled to compensation.

At Switalskis, our medical negligence solicitors are here to guide you through the process with clarity and compassion. We’ll explain how negligence is proven, what evidence can help your case, and how we can support you every step of the way.

What does proving medical negligence involve?

When you receive medical care, healthcare professionals owe you a duty of care . This means they must provide treatment that meets the standards reasonably expected of their profession.

If that duty is breached, and you suffer avoidable harm as a result, this may amount to medical negligence. To make a successful claim, your solicitor will need to prove:

1. The care you received fell below acceptable standards.
2. This failure directly caused you harm, whether physical, emotional, or financial.

Every case is different, which is why the evidence required will depend on your individual circumstances.

What evidence can prove medical negligence?

Our role as your solicitors is to gather the right evidence to build a strong case on your behalf. Some of the most common types include:

Medical records

Your medical records are often the foundation of your claim. They provide detailed information about your consultations, diagnoses, treatments, and prescribed medications. They can show whether you received inappropriate or unsafe care, or whether key information—such as allergies—was overlooked.

Expert medical opinion

Independent medical experts play an essential role in negligence cases. They can assess whether your treatment fell below the standard of care expected and explain how a competent professional would have acted differently. They may also consider the long-term impact of your injury and how things might have been different if you’d received proper care.

Witness statements

Statements from medical staff, family members, or others who were present can provide valuable context. In some cases, accounts from other patients treated by the same healthcare provider may also support your claim. Friends and family can also describe the ways your life has changed since the negligence occurred.

Photographs and personal records

Photographs of injuries and a written record of your symptoms or emotional wellbeing can help to illustrate your experience. Keeping a diary of your recovery is particularly helpful if your condition changes or worsens over time.

Correspondence

Letters, emails, and other communications between you and your healthcare provider may be used as evidence, especially if they include acknowledgements of errors or details of complaints.

Incident or investigation reports

If the NHS Trust, hospital, or regulatory body (such as the GMC or CQC) carried out an investigation into your case, their findings may be powerful evidence. These can highlight failings or patterns of concern.

Consent forms

Before undergoing treatment, you should be fully informed about the risks and alternatives. If this didn’t happen, copies of consent forms and related documents may help prove that your consent wasn’t properly obtained.

Showing the impact of negligence

Proving negligence is only part of your case. Your solicitor must also show how the incident has affected you—physically, emotionally, and financially.

Evidence can include:

• Medical expert reports about your current condition and future needs.
• Receipts for expenses such as travel to appointments, private treatment, or care support.
• Bank statements showing loss of earnings.

All of these can be used to calculate the level of compensation you may be entitled to, covering both your immediate needs and your long-term recovery.

Do you need to gather evidence yourself?

You don’t need to collect all this information on your own. At Switalskis, our specialist team will:

• Obtain your medical records.
• Work with trusted independent experts.
• Collect statements and supporting documents.
• Build the case on your behalf.

We take on the hard work so you can focus on your health and recovery.

How to start a medical negligence claim

You don’t need to have all the evidence before you speak to a solicitor. In fact, the sooner you seek advice, the better we can protect your position and start gathering the right information.

If you believe you’ve suffered as a result of medical negligence, contact our specialist team of medical negligence solicitors today. We’ll listen to your experience, explain your options clearly, and guide you through the next steps.

Call Switalskis on 0800 138 0458 or get in touch through our website .