Medical Malpractice
7. Negligence Caused the Injury
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 12 Aug 2015
- Even if the victim can prove through evidence and expert opinion that the medical practitioner was negligent this will not be enough to hold the practitioner liable for the harm.
- Causation must be proved as well. This means that the victim will have to demonstrate that not only was the medical practitioner negligent but that the negligence was a substantive cause of the injuries or harm they have suffered.
- Expert opinion will play an important role in establishing this element as well.
- In instances where the victim had a pre-existing condition or injury it can be difficult to establish causation. The pre-existing condition may have caused the injury and the doctor's negligent action or inaction may have had no impact.
- If for example a patient suffers a miscarriage and a doctor was found to be negligent in failing to pick up the signs that a miscarriage was occurring the doctor may disprove liability if they can show that the miscarriage would have taken place even if their negligence had not occurred.
- If the court is satisfied that reasonable care would not have prevented the harm the medical practitioner will not be held responsible.
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