Negligence & proving your case
Success in medical negligence cases requires the evidence of respected medical experts. We have access to highly respected medical experts, giving your case the best possible advantage.
It will be necessary for you to provide a detailed account of events leading up to and during the treatment that caused your injury.
The medical records of all relevant health service providers are also obtained to provide a complete picture of treatment and consequences.
The treatment that you have received is then assessed in comparison to the standard of care (treatment) expected of a reasonable doctor taking into account your particular circumstances.
The test to be applied is that of a reasonable doctor placed in exactly the same position as the doctor who made the error. In other words, with the same set of facts, the same emergency, complications, patient peculiarity, would a reasonable, competent, careful and prudent doctor have made the same misdiagnosis, surgical error, and applied the same treatment/procedure, or might he have made a similar mistake, or is the mistake a reasonable one under the circumstances.
If the answer is “no”, then the care provided is not of the required standard. This means that there was negligence and as such the doctor may be held liable for the error and thus called on to compensate you for your injuries.
“If a doctor performs a specialist procedure (e.g. a GP performs plastic surgery), his/her conduct will be measured against that of a qualified specialist.”
Block 2, Lombardy Business Park
Cnr Cole & Graham Rds
We have a blind boy who is now 9 years old. He is blind because of ROP (Retinopathy of Prematurity). His birth weight was 1.98 kg and he was born 6½ weeks prematurely. These criteria fall outside the high risk zone for developing ROP. Thus, we couldn’t help but wonder what the real reason was for our son’s blindness.