When you or a loved one experiences substandard medical care, it can be deeply distressing. We understand how difficult this time can be, and we’re here to help. If you’re considering a medical negligence claim, understanding the legal process is an important first step. In the video above, Founder of L&M Medilaw, Elizabeth Rose explains what is required to prove medical negligence. 

The Two-Part Test: Negligence and Causation

To bring a successful medical negligence claim, two essential elements must be proven: negligence and causation.

1. Proving Negligence

Negligence occurs when a medical professional—such as a doctor, dentist, or nurse—fails to provide the level of care expected of them. The legal test for negligence involves showing that:

  • There was a usual and accepted practice in the medical field.

  • The professional deviated from this standard.

  • Their chosen course of action was one that no competent professional would have taken if they had been acting with reasonable care.

This is referred to as a Hunter and Hanley test in legal terms.

2. Proving Causation

Causation is about demonstrating that the negligence directly led to an injury. Simply proving that something went wrong is not enough—you must show that the harm would not have occurred if proper care had been provided. In some cases, it must be established that the negligence materially contributed to the injury.

In Scotland, proving negligence alone does not automatically result in compensation. There must be a clear connection between the negligent act and the harm suffered.

The Role of Expert Reports

To support a medical negligence claim, independent expert opinions are essential. These reports come from professionals within the same field as the accused party. For example:

  • If the negligence involves a GP, a GP expert must assess the standard of care provided.

  • If the claim involves causation, an expert in the relevant medical field must confirm whether, on the balance of probabilities, the injury was caused by the negligence.

Most cases require multiple expert reports to establish both negligence and causation.

We’re Here to Support You

We know that facing a medical negligence claim can feel overwhelming, but you don’t have to go through it alone. Our team is here to guide and support you every step of the way, ensuring you have the clarity and confidence needed to move forward.

If you need confidential advice, please get in touch—whether through our online appointment system, by email, or with a phone call. We’re here to listen and help you find the best path forward.