It can be very difficult, without the right evidence and advice to succeed in a medical negligence claim for injury compensation. But that doesn’t mean you have no claim. It just means you need to carefully consider your options.
In basic terms, what needs to be established is that the health care provider did something wrong – that they failed to take reasonable care for their patient’s health.
Some examples of the ways in which a health care provider may have wrongly or unreasonably taken care for your health could be:
- Failing to diagnose your condition – whether at all, or by making the wrong diagnosis;
- Delay in making the diagnosis;
- Making a mistake during a procedure or operation;
- Giving the wrong drug;
- Failing to obtain consent for treatment;
- Failing to warn about the risks of a particular treatment;
- Failing to provide the appropriate treatment for the condition;
- Failing to refer to a specialist for diagnosis or treatment.
Each case is unique. So there are many ways in which a health care provider could have taken unreasonable care for your health. These are just some examples.
But it is also important to bear in mind that if you have suffered an adverse outcome following medical treatment, it does not necessarily mean that the treatment was wrong, unreasonable or negligent. Whilst better quality of care or safety measures could have been provided, it may be that the incident itself could not have been avoided. Or that the outcome was a generally accepted complication of a procedure.
Your own situation needs to be considered carefully, separately and uniquely. And you will need expert and specialist medical opinions to confirm what the health care provider did was wrong/unreasonable. Finding experts who will assist is not easy for those unfamiliar with the process.
Another complicating factor is that even if you can establish what the health care provider did was wrong or provided unreasonable care you still need to prove, legally, that the wrong or unreasonable conduct actually caused the injury (or condition) from which you now suffer. In other words, you need to show that if you had received the appropriate treatment, you would not have suffered the injury/condition (at least to the extent you now have).
So it is not enough to show only that a health care provider did something wrong. You need to show that the actual wrongful conduct led to a fresh (or worsened) injury/condition. Because it may be possible that what they did wrong had no consequence to your eventual outcome.
Again, this is an area where highly skilled medical, and legal, expert evidence is required.
One of our expert medical negligence lawyers will be able to assess whether there is a viable legal case against the health care provider and help you find the appropriate evidence to prove that is the case.
Call us now to learn more.