WHAT EVIDENCE DO I NEED TO PROVE MY MEDICAL NEGLIGENCE / MEDICAL MALPRACTICE CLAIM?
In order to be successful in your medical negligence / medical malpractice claim you need to have the right evidence address the right issues. Each claim is different and for that reason will require specific evidence from medical and expert liability professionals.
Once it is established that you have sustained and injury and are able to make a medical negligence claim your lawyer will arrange for you to be medically examined by a medico-legal expert(s).
The medico-legal expert will prepare a report addressing your injuries and how the defendant negligently caused your injuries.
Depending on your injuries and the nature of your case, it will not always be necessary to consult a doctor. The expert may write their report on the papers, this means that the medico-legal expert will prepare your report using your existing reports, statements, scans, and any other relevant medical investigations.
If you have a number of different injuries affecting different areas of the body, such as muscular, skeletal and/or psychological injuries, you may be required to consult medico-legal experts from multiple fields of specialty to address all aspects of your injury.
WHY IS IT SO IMPORTANT?
Obtaining the correct evidence is vitally important in medical negligence claims because: -
- The negligence test
The negligence test is the decider of any potential negligence claim.
You must have a medico-legal expert report that the procedure/care undertaken was not widely accepted as competent peer professional practice, and that the reporting expert would not have done as the defendant did. If the expert does not believe this to be the case or you cannot get the expert to comment, then you will not be successful in your medical negligence claim.
Further, the expert must report that your injury was caused by the defendant’s negligence and would not have occurred if service were rendered with due care and skill.
The success of any medical negligence claim depends on the medical evidence used to support it. Therefore, it is important to get the right evidence the first time.
Read about why you should retain an accredited specialist personal injury lawyer here
Contact Garling & Co Lawyers for a free medical negligence case assessment today.
GARLING & CO 2019
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.
About Renee Lawes
Renee Lawes is a Solicitor of the Supreme Court of NSW and has been working alongside Matthew Garling at Garling & Co Lawyers for over five years. Renee’s areas of interest are Medical Negligence/ medical malpractice and TPD claims.
Over the last five years Renee has helped secure many injured clients the compensation they deserve for their injuries.
Further Blog Articles You May Be Interested In –