Negligence & proving your case

Success in medical negligence cases requires the evidence of respected medical experts.

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.

Your medical negligence case will be assessed by highly respected medical experts experienced in leading evidence in court, giving your case the best possible advantage.

The treatment that you have received is assessed and compared to the standard of care (treatment) expected by 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 medical 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 qualified to perform such procedures.”

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