What is a witness statement and why are they needed for a medical negligence claim?

What is a witness statement?

A witness statement is a legal written document which sets out a person’s accounting of an event or incident. Statements can be provided by the victim of medical negligence (or the party making the claim on their behalf), the accused party, or a bystander who witnessed the event or aftermath.

Witness statements are often heavily relied upon in legal proceedings and can provide critical insight for the courts if the case was to proceed to trial. In most cases, all parties involved in the events leading up to the incident, the incident itself, and the aftermath, will be required to give a formal, signed witness statement as evidence in the claim.

Why are witness statements important in a medical negligence claim?

A witness statement is your opportunity to explain what has happened to you in your own words. It should detail anything relevant to your case, such as conversations or interactions with medical staff before the negligence occurred (or was discovered) and the consequences the negligence has had on your daily life.

This can be critical evidence in your claim, as it will provide further detail and a more meaningful insight into the true extent of your experiences. Other pieces of evidence can be used to support your statement – such as your medical record – but it is important that the accused party and the courts have a good understanding of the impact the medical negligence has had on your daily life.

It can also help to collect several different witness statements from various parties in a medical negligence claim, as claims can often involve details over a number of years. For instance, in a delayed or misdiagnosis case, you may have seen several medical professionals over many years before you became aware of the negligence that has taken place.

How to write a witness statement

As a witness statement must detail your own experience and version of events, the content must come from you, in your own words. No one else should give you specifics on what to include or exclude, though there some helpful tips on what to consider when thinking about putting together your statement.

Before you start, you should try to pull together your recollections of the event and anything before or after you think could be relevant. Jot them down (putting them into chronological order can help you identify any gaps) and make sure you feel it is an accurate reflection of what has happened to you.

The court provides a template and guidance for preparing a formal witness statement. Typically, your statement should include:

• The case name and claim number
• Your full name and address
• Your evidence, clearly set out in numbered paragraphs on numbered pages (this will help the court to refer to specific sections where needed)
• A final sentence ensuring you understand that your statement is a legal document that should not aim to mislead the court or other parties involved: ‘I believe that the facts stated in this witness statement are true.’
• Your signature and the date you signed

Need support with a medical negligence claim?

Pursuing a medical negligence claim can sometimes feel overwhelming, and preparing legal documents can be a daunting task if you’re not sure how to get started. At Slater and Gordon, our expert medical negligence solicitors work closely with clients to provide industry-leading support and legal representation with understanding and compassion so no matter what challenge you face, we’re here to help.

If you, or someone you love, have suffered from medical negligence, speak to our team today about making a claim to secure the support and compensation you deserve. Call us on 0330 041 5869 or get in touch online and we’ll get back to you as soon as possible.