The evidence you’ll need to prove what went wrong | Nash & Co Solicitors
Written by Mike Shiers and Rebecca Brisley | Medical Negligence team | 10 February 2026
When something as serious as cancer is misdiagnosed, the impact can be life changing. You might have had your concerns dismissed, faced a delay in diagnosis, or received the wrong treatment altogether. In these situations, proving what happened and why becomes the foundation of your claim.
Medical negligence cases rely heavily on evidence. It’s not enough to know something went wrong; your solicitor must be able to show how the care you received fell below an acceptable standard, and how that directly caused harm. This might sound daunting, but a good solicitor will guide you through the process carefully, explaining what’s needed and managing most of it on your behalf.
What this article will cover
In this article, we’ll look at what types of evidence are used in cancer misdiagnosis claims, and how solicitors collect and review this evidence. We’ll also discuss the role of independent medical experts and what you can do to help strengthen your case, while providing an understanding how Nash & Co Solicitors support clients through this process.
What counts as evidence in a cancer misdiagnosis claim
Every medical negligence claim starts with facts, and those facts come from the evidence your solicitor gathers. This evidence shows what treatment you received, how your symptoms were managed, and whether your care met the expected standard. The most common forms of evidence include:
Medical records: These are the cornerstone of any claim. They include GP notes, hospital reports, test results, X-rays, scans, pathology reports, and letters between healthcare professionals.
Appointment and referral details: Missed referrals or delays in specialist appointments are often key to proving where things went wrong.
Correspondence: Letters, emails, and messages between you and your healthcare providers can help demonstrate your attempts to raise concerns and how those were handled.
Witness statements: Your own account of what happened, as well as statements from family members or others who witnessed your experience, can provide valuable context.
Independent medical reports: These are prepared by qualified experts who review your records and give an impartial opinion on whether the care you received met acceptable standards.
How solicitors gather and review medical evidence
Once you contact a solicitor, their first step will be to obtain copies of all your medical records. You have the legal right to request these, and your solicitor will usually handle this for you. The records are then reviewed by legal and medical specialists to identify:
Whether your diagnosis or treatment was delayed or incorrect
Whether your symptoms should have prompted further tests or referrals
Whether the harm you suffered could have been avoided with proper care
At Nash & Co Solicitors, we work with trusted independent medical experts who can interpret your records accurately and objectively. This expert evidence forms one of the strongest parts of your case.
Proving that negligence caused harm
To succeed in a medical negligence claim, you must show two things:
That the care you received fell below the expected standard (known as a breach of duty)
That this failure directly caused your injury, suffering, or worsening of your condition (known as causation)
This connection can be complex to prove. For example, if your cancer was diagnosed months later than it should have been, your solicitor and medical experts must show that this delay made your prognosis worse or caused unnecessary pain, anxiety or treatment.
By reviewing your records, test results and timelines, your solicitor builds a clear picture of cause and effect — showing not just what went wrong, but how it affected your health and your life.
Practical steps you can take to help your case
While your solicitor will handle most of the evidence gathering, there are small steps you can take that may help strengthen your claim:
Keep a written record of your appointments, test dates, and what was said by each healthcare professional
Save all correspondence, including appointment letters and emails
Note down the names and departments of everyone involved in your care
Keep track of the impact the misdiagnosis has had on your health, work and daily life
These details can help fill in gaps and provide valuable context that medical records alone might not capture.
The role of expert medical witnesses
Independent medical experts play a crucial role in proving what went wrong. They review your records and provide a written report explaining:
Whether the care you received met the appropriate standard
Whether earlier diagnosis or treatment could have led to a better outcome
How the delay or mistake affected your prognosis
Your solicitor will usually choose the expert and manage all communications. Their report becomes part of the evidence your legal team uses to support your claim.
How Nash & Co Solicitors can help
At Nash & Co Solicitors, we understand how emotionally difficult these cases can be. Our team of experienced medical negligence solicitors based in Plymouth, Devon and Cornwall will guide you through the process from start to finish.
We will explain exactly what evidence is needed and how we will obtain it while keeping you updated at every stage of your claim. We also offer a free initial consultation to discuss your case. Your focus should be on your recovery so our team will handle most of the process for you. When you call, you will speak directly with an experienced member of the team who will listen carefully, answer your questions and explain your options clearly with no pressure and no obligation to proceed.
You can contact us today on 01752 827067 or email medneg@nash.co.uk.
Frequently Asked Questions
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Medical records, test results, referral letters, and expert reports are all key. Your solicitor will obtain these and explain their importance.
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Yes. You have a legal right to access your full records under data protection laws. Most solicitors will do this on your behalf.
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Your solicitor can request missing documents directly from the relevant healthcare provider and raise formal complaints if necessary.
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You generally have three years from the date you learned that negligence may have caused your injury or delayed diagnosis.
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Sometimes experts have differing opinions. Your solicitor will help obtain a second opinion if needed to support your case.
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Many claims are resolved through negotiation, but your solicitor will prepare your case fully in case court proceedings become necessary.
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This varies depending on the number of records and experts involved, but it typically takes several months.
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If you are funding your case on a No Win No Fee basis, these costs are usually covered as part of your agreement and recovered if your claim succeeds.
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Yes. NHS patients have the same right to claim compensation for negligent care as private patients.
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Absolutely. We regularly support clients from Devon, Cornwall and across the UK, using phone or video consultations for convenience.
