Significance of Expert Evidence in Medical Negligence

When bringing a medical negligence claim, expert reports have to be obtained to show both that:

a) A breach of duty occurred – the test here is to show that, on the balance of probabilities, no reasonably competent doctor with the same qualifications, skills and expertise, faced with the same set of circumstances, at the same time would have acted in the same way. This type of report will be obtained from an expert with the same speciality as the medical practitioner that treated the Claimant.

b) There was a causal link between the said breach of duty and the injuries suffered by the Claimant. The same expert may not be able to comment on both breach of duty and causation, so reports may be necessary from different experts.

The experts are briefed with copies of all relevant medical records to be reviewed when providing either a liability report or a causation report.

Fachtna O’Driscoll Medical Neglience Solicitors Cork specialise in medical negligence matters and can advise you on all aspects of the litigation process. If you have a query, contact our medicial neglience solicitors on 021 427 8131 or at and our team will be happy to assist you. #medicalnegligencesolicitors #expertreports

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