In order to be successful with a clinical negligence claim, it must be proven that there was a breach of duty in respect of the treatment you received, and that the breach of duty directly caused you to suffer a loss.

In order to support your claim, your solicitor will request the following as evidence:

• Medical records: Your solicitor will request copies of your records on your behalf.

• Photographs: To show evidence of any physical injury or scarring.

• Statement: A written statement from the victim or guardian of the person who has been affected by the clinical negligence. This should include details of exactly what happened, a timeline of the treatment received and how the treatment has affected you.

• Witness statements: Statements from family or friends who have witnessed how the negligent treatment has impacted upon your life and who provide you with care and assistance to help you manage with your injuries or ongoing symptoms.

• Letter of complaint to the NHS: Include copies of your original complaint to the NHS service. This can include copies of correspondence between yourself and the health service, along with any meeting notes.

• Independent medical report: An independent medical expert will be consulted to review your case. They will prepare a report outlining the treatment that you received and the illness or injury that you experienced as a result. They will give their opinion on whether the treatment you received was negligent, and if it was more likely than not that your injury or illness was caused by the treatment.

If the findings from the medical report indicate that negligent treatment did take place, your solicitor will arrange for you to see the medical expert in person. This is so that they can report on your current condition and estimate the likely time it will take for you to recover.