Law of Civil Wrongs
Liability and Proof in Alleged Medical Negligence
Distinguishing an adverse outcome from negligence, causation and expert evidence.
An adverse outcome does not prove negligence
An unsuccessful treatment or complication does not alone establish liability. Assess the duty, applicable professional standard, breach, injury and causation. Diagnosis, treatment, follow-up and information failures may raise different allegations.
Records and expert assessment matter
Preserve the clinical file, tests, imaging, medication records, consent forms and later treatment. Experts assist with medical questions; the court determines legal liability. A signed consent form is not a blanket exemption from negligent care.
Identify the proper defendant and procedure
The legal basis and procedure may differ for a clinician, private institution or public service. Document expenses, income loss and lasting effects. A professional complaint and a compensation claim are distinct and one does not automatically suspend the other’s deadlines.
This publication is for general information and does not constitute legal advice on a particular matter. Legislation and case law may change. Seek legal assistance promptly, especially where a court or application deadline may apply.