Last updated August 11, 2023

Causation in medical negligence claims

The element of causation is a very difficult to prove in medical negligence claims.

In order to be successful in your medical negligence claim, you will need to prove that the injury sustained would not have occurred if the correct treatment were provided.

Defendant’s will usually plead in their Defence that the injury would have occurred regardless of the actions of the defendant or that the injury was caused by an inherent risk of the procedure.*

*An inherent risk is a known risk that could not have been avoided by reasonable care and skill.

A man across a desk from a women smiling with a backdrop of the Sydney CBD.

You'll need to prove that the injury sustained wouldn't have occurred if the correct treatment were provided.

What is Causation?

Causation links back to establishing the competent professional practice among the Defendants peers. A medical expert who is considered one of the defendant’s peers must be able to:

Attribute the injury to the defendant’s actions, which fell short of the standard of a competent professional
Determine that the injury would not have eventuated if due care and skill were exercised

If both these factors are satisfied, then you will likely win your medical negligence case and be paid compensation for your injuries.

At Garling & Co Lawyers we offer a free initial case assessment and we will run your medical negligence claim on a no win no fee basis.*

If you think you have suffered an injury due to medical negligence and want to know more about your rights, please contact us.

*Conditions apply

Matthew Garling

Matthew Garling is an Accredited Specialist in Personal Injury Law approved by New South Wales Law Society. He is admitted to practice in the Supreme Court of NSW and the High Court of Australia. Matthew is also a member of...

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I engaged with Garling and Co to assist me for my weekly payment dispute with the insurance. I was upset with Natasha, as she didn't prepare me to the worse outcome or told me about the kind of... negotiation in the hearing. I assumed that as a Lawyer she should have an experience with the process or the way to solve the case. Even though I asked her what should I do or what would be happened in the hearing a week before but she didn't mentioned anything, and told me not do anything. But in the hearing she and the Barrister only gave me less than 5 minutes to make decision and pushed me to accept the disappointed outcome and what she said in the hearing totally different with what she said earlier. I don't trust her at all, her words is not consistent.I would like to express my appreciation to Matthew Garling who had stepped in to handle my weekly payment issue with the insurance. He is very professional, knowledgeable, easy to talk to and very humble. My disappointment earlier has melted away by his kindness and caring to resolve my issue which has came out the great outcome. Now I am satisfied with his expertise therefore I would not hesitate to let him to handle the case I might have in the future.As I said before I would not hesitate to let my other claim to be handled by a professional as Matthew Garling. I would like to thank him for his time and effort to settle my case smoothly and I trusted him to give me the best outcome. Also I appreciated his support and his patience to answer my questions from the time I signed the agreement up to the day before the mediation. He did not promise the unrealistic outcome but what ever he promised that what the result was according to his experiences. And I would not forget to Alison, Nathan who also have assisted this matters, by gathering all documents and answering my questions.Also my appreciation to a Barrister Mr Dallas Morgan.So, in summary I am really grateful to have Garling and Co as my lawyer to handle my damaged claim.read more

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Causation in medical negligence claims

You'll need to prove that the injury sustained wouldn't have occurred if the correct treatment were provided.

What is Causation?

Matthew Garling

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