What Defences Can the Medical Practitioner Raise?

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.