- In medical negligence cases a medical report from an independent expert will be required on whether negligence had occurred.
- Thereafter a further report on causation will generally be sought to show the link between the negligence and the subsequent injuries suffered.
- It is more difficult to prove either negligence or causation in a medical negligence context as the courts use a much higher test than that which is applied to other personal injury cases.
- Usually a defender (the person the action is raised against) will be liable if he/ she fails to exercise reasonable care (as determined by the judge).
- As medical negligence is a specialised area of personal injury practice, it is important to seek advice from an experienced medical negligence solicitor.
|
