Key Takeaways
Proving causation in medical negligence requires demonstrating that your injury would not have occurred with proper treatment. An expert peer of the defendant must establish both causation elements to succeed.
• Medical expert testimony must attribute injury to defendant’s actions falling below competent professional standards
• Expert must determine injury would not have occurred if due care and skill were exercised
• Both causation factors must be satisfied for successful medical negligence recovery
• No win no fee basis available through Garling and Co with conditions applied
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 was provided.
Defendants 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.
You'll need to prove that the injury sustained wouldn't have occurred if the correct treatment were provided.
What is Causation?
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
- Determine 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, please contact us.
*Conditions apply
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Disclaimer
The information contained on this article is of a general nature only and is not intended to be legal advice. The law may have changed since the information was published. There is no intention to create a lawyer-client relationship and you should always seek legal advice about your own personal circumstances.