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What do I need to prove?
To establish that you have claim for compensation for negligently performed or negligent management of your hip replacement surgery you must prove that the treatment provided to you by the medical team fell below the standard of care that you should expect to receive or there was a defect in the prosthesis and that this has caused you an injury.
To prove that the care was substandard you will need to obtain supportive opinion from an independent orthopaedic surgeon. The orthopaedic surgeon will review your medical records and your evidence and given an opinion on whether the standard of treatment you received fell below the standard expected of a reasonable and competent body of orthopaedic surgeons.
The treatment will be considered to be substandard if, on the balance of probabilities (i.e 51% or more), no reasonable or responsible body of orthopaedic surgeons would have provided the care that was provided to you and you can prove on the balance of probabilities (i.e. 51% or more) that the identified substandard care caused or materially contributed to your injury.