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Proving Your Claim - Legal Tests


To succeed in a claim for compensation (also called damages) you will have to prove that the standard of care you received fell short of a reasonable standard, (breach of duty), and as a direct result you have suffered loss and damage, (causation).
 
If the Defendant can prove that a reasonably competent medical/dental practitioner in the relevant field and at the relevant time faced with the same circumstances would have acted in the same way then your claim will not succeed.
 
If such legal tests can be proved then you should be compensated for the effects suffered as a direct result. This can be both compensation for your injuries and in particular your pain, suffering and loss of amenity and also for your resulting financial losses including loss of earnings.
 
Generally, establishing causation can be difficult in medical negligence cases.  You have to prove the alleged breach of duty in care has caused or materially contributed to your injury and/or your resulting financial losses.
 
You have to prove this link on what is referred to as the balance of probabilities” test, that is that it is more likely than not, i.e. more than 51%, that the breach of duty identified has caused or materially contributed to your injury and/or financial losses.

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