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What do I need to prove?

Similar to other areas of negligence law, you will need to prove that the medical practitioner, hospital or other health professional owed you a duty of care.  In most circumstances, this can be  implied on the basis that the doctor/patient or hospital/patient relationship is one which has been recognised as a relationship which requires the hospital and/or doctor to take reasonable care in relation to the advice and/or treatment which is provided to patients. 

Often the more difficult requirement is proving that the duty to take reasonable care has been breached.  This will require evidence, usually from another expert medical practitioner, that the advice and/ or treatment provided to the patient fell short of the care and skill required by a reasonably competent medical practitioner.

The final requirement of a successful medical negligence claim is that the patient has suffered injury caused by the failure to take reasonable care. Again, this ordinarily requires expert medical evidence to prove that the failure to take reasonable care has caused the injury.  For example, in cancer cases, failure to diagnose or a delay in diagnosis of cancer, it is necessary to prove that the failure or delay has caused a significant change to the treatment and/or the prognosis of the patient. In some circumstances, evidence can prove that the delay to diagnose has led to an otherwise operable or treatable condition, no longer being operable or treatable. All cases rely upon their own individual facts and circumstances and we suggest that you obtain advice from your specialist Marsdens Law Group solicitor.

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