Medical Negligence Claims
Whether the medical practitioner has been negligent will depend on whether the treatment you received was to a standard that could reasonably have been expected. The practitioner would have a defence to your claim for medical negligence if the treatment you received was in line with the views of a responsible body of medical opinion. You also need to prove that your injuries would not have occurred if it were not for the negligence of the medical practitioner. In some cases, injury may have occurred anyway. For example, the injury could be due to the actual illness being treated.
At some stage in your claim, it will be necessary to obtain a medical report from a medical expert. This is to advise whether the treatment provided was negligent and whether the injury would have occurred anyway even if the negligent treatment had not taken place.