In Australia, proving medical negligence involves demonstrating that the healthcare provider failed in their duty of care, leading to harm. It is a serious issue that can have life-altering consequences when it occurs. Proving negligence can be complex and nuanced in many cases, requiring specialised legal expertise to navigate.
This article will explain the criteria needed to prove medical negligence, the challenges faced during this process, and how compensation claims work under Australian law, specifically in New South Wales (NSW).
What Is The Criteria To Prove Medical Negligence?
Three key criteria must be met to successfully prove medical negligence: duty of care, breach of duty, and causation and damage. Each element requires clear evidence and expert testimony to establish a valid claim.
1. Duty of Care
The first step in proving medical negligence is showing that a duty of care exists. In healthcare settings, medical professionals owe a duty of care to their patients. This means they must provide treatment that meets a certain standard of care, ensuring the patient’s wellbeing is prioritised.
In many cases, proving the existence of this duty is straightforward. When a patient seeks medical treatment, they automatically enter a doctor-patient relationship, establishing this duty. However, for medical negligence claims involving non-medical professionals or situations where the patient and healthcare provider have a complex relationship, this part of the claim can become more complicated.
It’s essential that experienced lawyers evaluate the situation carefully.
2. Breach of Duty
Once a duty of care is established, it must be shown that the healthcare provider breached this duty. A breach occurs when a healthcare professional’s actions or omissions fall below the accepted standards of care within the medical field.
The standard of care is typically determined by the usual practices of reasonably competent medical professionals in similar situations. Expert evidence from medical professionals in the relevant field is needed to establish what the standard should have been and how the treatment in question deviated from this standard.
In New South Wales, the legal process will require a comprehensive review of medical records and input from experts who can identify whether the care provided was appropriate or whether it resulted in harm.
3. Causation & Damage
The most challenging part of proving medical negligence is establishing causation and damage. To win a negligence claim, it must be shown that the breach of duty directly caused harm or injury to the patient. This could involve physical injury, psychological distress, or even death.
Proving causation requires showing a direct link between the healthcare provider’s negligence and the patient’s injury. The damage must be significant enough to warrant compensation, and it is here that complex medical evidence and expert testimony are crucial. Without clear causation, a medical negligence case cannot succeed. For example, in a case about a delay in diagnosis of cancer, it must be shown that the delay in treating the cancer caused the harm, rather than the harm being caused by the cancer itself – irrespective of the negligence.
What Part of Medical Negligence Is the Hardest to Prove?
The most difficult part of a medical negligence case is often proving causation and damage. Even when a breach of duty can be established, it is not always straightforward to demonstrate that the healthcare professional’s actions directly caused the harm.
This is especially true in cases where the patient’s condition was already serious, and it can be challenging to prove that the treatment or lack of treatment made the situation worse. In such cases, expert witnesses play a critical role in clarifying whether the outcome was avoidable and the result of negligence.
Types of Evidence Needed to Prove Medical Negligence
To prove medical negligence, a variety of evidence is required to demonstrate that the healthcare provider failed in their duty of care, leading to harm. Here are the most common types of evidence required to support a medical negligence claim:
- Medical Records: Documentation of treatment, diagnoses, tests, and procedures performed by the healthcare provider.
- Expert Witness Evidence: Opinions from qualified medical professionals regarding the standard of care and whether the treatment provided was substandard.
- Witness Statements: Accounts from other medical staff, patients, or family members who observed the treatment or its aftermath.
- Second Medical Opinions: Opinions from other doctors or specialists to establish what should have been the proper course of action.
- Photographic Evidence: Images of injuries or conditions caused by negligence (e.g., surgical wounds, untreated infections).
- Test Results: Lab or diagnostic test results that support the claim of negligence or show that necessary tests were not conducted.
- Incident Reports: Internal hospital or clinic records of the incident, which may highlight errors or deviations from procedure.
- Health and Safety Records: Records showing whether the healthcare facility adhered to required protocols or safety measures.
- Patient’s Personal Testimony: Statements from the patient regarding their symptoms, the care they received, and the impact of the negligence on their health.
- Clinical Guidelines or Protocols: Established guidelines showing what the standard treatment should have been, demonstrating a breach in care.
- Correspondence: Letters, emails, or other communications between the healthcare provider and the patient regarding treatment and follow-up care.
- Surgical Notes: Detailed records from surgical procedures, noting any mistakes or deviations from the planned operation.
- Medical Bills and Financial Loss Documents: Evidence of financial losses resulting from the injury, including treatment costs, lost wages, and other damages.
Each piece of evidence helps build a strong case by establishing the facts surrounding the medical treatment, proving the standard of care was breached, and linking the breach to harm or injury suffered by the patient. A skilled medical negligence lawyer will gather, assess, and present this evidence effectively to support the claim.
How Many Medical Negligence Claims Are Successful in Australia?
While exact statistics vary, it is estimated that around 40% to 50% of medical negligence claims in Australia result in a successful outcome. However, success rates can depend heavily on the strength of the evidence, the expertise of the legal team, and the ability to prove causation and damage. At The Law Office of Conrad Curry, we have higher success rates because our lawyers specialise in medical negligence, and we weigh our cases up very carefully from the outset.
Many claims are settled outside of court through negotiations between the parties, often involving lawyers or legal teams who have significant expertise in personal injury and medical negligence. Settlement is often preferred as it can provide quicker compensation without the uncertainty of a trial.
Making A Compensation Claim For Personal Injury Due to Medical Negligence
In a successful medical negligence claim, patients are entitled to compensation for their injuries. Compensation can cover medical expenses, lost wages, pain and suffering, and other financial losses resulting from the negligence. In some cases, families may also be entitled to compensation if the negligence led to a wrongful death.
When pursuing a medical negligence compensation claim, it is crucial to have a professional legal team with expertise in personal injury law. The team will guide you through each step of the process, including gathering medical records, consulting experts, and negotiating a fair settlement.
Contact Our Medical Negligence Legal Experts for Support
Proving medical negligence involves careful attention to duty of care, breach of duty, and causation & damage. While challenging, the legal process ensures that those responsible for negligence are held accountable and that victims receive the compensation they deserve. To ensure the best possible outcome for your case, contact a lawyer with extensive experience in medical negligence law who can assist in navigating the complexities of your claim.
If you believe you have experienced medical negligence, it’s important to contact a lawyer who specialises in this area, with the knowledge and expertise to assess the details of your case, provide clear guidance, and support you throughout the legal process. Their patience and thorough understanding of the law will be essential as they help you navigate the complexities of the claim.
Taking legal action can feel daunting, but with the right legal team by your side, you can pursue the outcome you deserve. Whether you’ve experienced illness or life-changing injury due to medical negligence, our team of professional lawyers can help you understand your rights and ensure that you receive the compensation you need to move forward. To learn more about how you can prove medical negligence in Australia, get in touch for a free initial consultation today – with no obligation to proceed.
