Medical Negligence Legal Requirements.
Medical negligence is more than simply proving a mistake or error of judgment by a medical practitioner, that a risk of treatment eventuated or that a desired medical outcome was not achieved.
Medical negligence legal requirements.
For a successful medical negligence claim, you need to prove that:
- There’s a duty in the circumstances to take care (‘Duty-of-Care’)
- The behaviour or omissions of the medical practitioner did not meet the ‘standard of care’ which a ‘reasonable person’ would meet in the circumstances (‘Breach of Duty’)
- Damage was caused by the breach of duty (‘Causation’)
- The loss suffered is that which a ‘reasonable person’ in the circumstances could have been expected to foresee (Damage)
For information on each of these legal requirements, see: Duty-of-Care, Breach of Duty, Causation and Damage. Note: Medical negligence claims are not easily determined and can require a significant investment of time and money. As such, it’s recommended that you use this website (Medical Negligence Claim) as a starting point to understanding medical negligence legal requirements and that you get a free preliminary assessment of any potential claim.
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