What has to be proved in medical negligence cases?
We need to show that the treatment received was substandard, when compared with the standard of a reasonably competent medical professional in the relevant area of medicine. The burden of proving that the treatment received caused physical harm or financial loss lies with the person making the claim. We need to show the Court that but for the negligence, the harm would not have occurred in any event. This is, of course, not always straightforward or clear-cut, primarily because the treatment was sought because of the illness. Given that the illness existed prior to the treatment being given, it is difficult, and sometimes impossible, to determine how an illness would have progressed if the condition had been treated in a different way. Therefore, independent medical evidence is generally essential to proving a causal link between the treatment given and the injury or loss.
