Proving a medical negligence claim can be a complex and challenging process.
To prove medical negligence, it is often necessary to rely on the opinions of independent experts, including independent medical experts. These experts can provide opinions about various aspects of the matter, including evidence about the appropriate standard of care, risk foreseeability and whether the healthcare provider in question fell short of that standard.
There are a number of different types of experts that may be called upon to provide evidence in a medical negligence case. These may include:
Medical practitioners: Medical practitioners who are experts in the relevant field may be called upon to provide evidence about the appropriate standard of care, risk foreseeability, causation and whether the healthcare provider in question fell short of the expected professional standard or standards.
Forensic experts: Forensic experts may be called upon to provide evidence about the cause of the injury or illness and whether it was the result of medical negligence. For example, a biomedical engineer can be called upon to provide evidence in a medical negligence case involving medical device failure or issues.
Rehabilitation experts: Rehabilitation experts may be called upon to provide evidence about the impact of the injury or illness on the patient and the ongoing care and support that they may require.
Economic experts: Economic experts may be called upon to provide evidence about the financial losses that the patient has suffered as a result of the injury or illness.
In summary, proving a medical negligence claim can be a complex and challenging process. Independent medical experts are generally involved to establish whether the healthcare provider in question failed to meet the appropriate standard of care. It is important to gather all relevant evidence and brief appropriate experts to support the case. It is also important to be aware of the time limits for bringing a medical negligence claim in Australia.