Not all adverse outcomes to medical treatment arise from negligence and not all breaches of a doctor’s duty are causative of an injury.
A Medical Practitioner will be able to defend a claim if they can establish that:
- They exercised reasonable care and in accordance with acceptable medical practice;
- The patient has not suffered injury or loss;
- The patient has contributed to their loss (contributory negligence);
- The patient was aware of the obvious risk and accepted it freely.
- Accidents, Emergencies and “Good Samaritan” laws.