In the last twenty years in
which I have practised in the field of negligence law, almost
invariably when victims of medical negligence are initially seen,
they are very focused on the issue of a breach of standard of care;
that is, whether the doctor or hospital concerned failed to comply
with competent professional practice.
However, it is important for victims of medical negligence to
appreciate that you also must establish at law that any breach of
the duty of care caused an injury. Proving this link is
called "establishing causation".
If the injury would have happened regardless of the breach of
care, no damages/compensation can be claimed. It is necessary
for the victim of medical negligence to show it was more probable
than not that the breach caused the injury and any resultant
loss.
For example, in the case of an alleged late diagnosis of cancer,
you must establish that you would have had a more favourable
prognosis if the breach had not occurred. In many cases,
proving causation is a greater challenge than establishing a breach
of duty of care. This is often because the cause and likely
course of injuries and medical conditions can be uncertain and
unpredictable.
So you can see that's causation plays a vital role in your
potential medical negligence claim. It's important you have
experienced and professional legal assistance if you wish to pursue
a claim for compensation as a result of medical negligence. Today's
writer, Andersons Solicitors Partner, David
Fabbro is highly experienced in fighting for the rights of
victims of medical negligence. Visit David's
web profile for more information or to call him for a chat.