The element of causation is a very difficult to prove in medical negligence claims. In order to be successful in your medical negligence claim, you will need to prove that the injury sustained would not have occurred if the correct treatment were provided.
Defendant’s will usually plead in their Defence that the injury would have occurred regardless of the actions of the defendant or that the injury was caused by an inherent risk of the procedure.*
*An inherent risk is a known risk that could not have been avoided by reasonable care and skill.
Causation links back to establishing the competent professional practice among the Defendants peers. A medical expert who is considered one of the defendant’s peers must be able to: -
- .Attribute the injury to the defendant’s actions, which fell short of the standard of a competent professional and,
- That the injury would not have eventuated if due care and skill were exercised
If both these factors are satisfied, then you will likely win your medical negligence case and be paid compensation for your injuries.
At Garling & Co Lawyers we offer a free initial case assessment and we will run your medical negligence claim on a no win no fee basis.*
If you think you have suffered an injury due to medical negligence and want to know more about your rights give us a call.
GARLING & CO LAWYERS 2018
About Matthew Garling.
Matthew Garling, Founder of Garling & Co is a NSW Law Society Accredited Specialist in Personal Injury Law. He specialises in compensation law and has acted on behalf of thousands of injured people in work accidents, motor vehicle accidents and negligence cases over the last 20 years.