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Legal Forums » Medical Negligence Law Discussion Forum » Difficulties in establishing medical negligence
Started Nov 20 2012, 13:41
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Nov 20 2012, 13:41
Establishing medical negligence on the part of a medical professional can be quite difficult in many cases due to various reasons. Every medical treatment involves some risk, and the mere fact that the treatment was not successful will not give rise to a cause of action for the patient to sue the medical professional. Sometimes, a medical treatment can become unsuccessful or even harmful to the patient, for unexplained and unidentified reasons, even if the treatment is performed with due diligence. On the other hand, the court will have to make its determination after considering the opinions of various other medical practitioners, which can in fact vary from one practitioner to another. Finally, it is also difficult to see how the patient’s situation would have been, had the treatment in question not been given.
Adam 12253649
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