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Medical Negligence Claims - Slater & Gordon

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What is a medical<br />

negligence claim?<br />

Health care providers have a duty to take proper care when treating<br />

their patients. If a provider does not treat you with reasonable skill and<br />

care, and causes you an injury as a result, you may be able to make a<br />

claim against them.<br />

A claim in medical negligence is usually a claim under the common law,<br />

the law made and administered by the courts. However, often these<br />

‘tort’ claims have been modified by laws dealing with civil liability. Some<br />

cases are for breach of contract, others may be made under statutes.<br />

But in almost all cases you must be able to prove that your injury was<br />

caused by the fault of the health service provider concerned in order to<br />

obtain compensation.<br />

Third Edition • 2007<br />

<strong>Medical</strong> <strong>Negligence</strong> <strong>Claims</strong> 3

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