Medical Negligence Claims - Slater & Gordon

What do I have to prove?
Negligence
You must first be able to prove that the treatment you received was
negligent. Negligence is a very specific concept, and not every failure
or error made by a provider will be negligent. A provider may be
negligent if their treatment fell below a level seen as a widely accepted
competent treatment by a peer provider at the relevant time, in
Australia. Breaches of contract or statutory breaches are usually assessed
in much the same way.
Connection between negligence and injury – “Causation”
If you are able to prove that the treatment you received was not of
a reasonable standard, you must then show that this caused or
contributed to your injuries.
In some cases, treatment may have been provided in a negligent way
but no harm or injury results. If so, a claim will probably not be viable.
Informed consent
You may be able to make a claim if your practitioner failed to advise
you on the possible unfavourable outcome of a proposed treatment,
and if you were advised you would have declined the treatment, or
sought advice and treatment from a more qualified practitioner.
Third Edition • 2007
Medical Negligence Claims 5