Medical negligence or malpractice occurs when a medical practitioner hospital, allied health professional such as a physiotherapist, dentist or chiropractor fails to exercise reasonable care and skill when providing treatment.
An independent medical practitioner in the field must provide an opinion that the treatment provided has not been up to peer standards of competence.
Not all bad outcomes to treatment happen because of negligence.
Three elements need to be established in order to prove negligence in a medical negligence law case:
- The existence of a duty to exercise reasonable care and skill;
- That the medical practitioner breached that duty to exercise reasonable care and skill; and
- That the patient suffered injury/damage as a result of the breach of duty to exercise reasonable care and skill.
Each of these elements is explained in more under the section When Does Negligence Occur?.
Edwards Michael Powell was selected by Doyles Guide in the 2015 listing of leading plaintiff-focused Medical Negligence Law Firms identified by New South Wales’ defendant insurance solicitors for their expertise and abilities in the area.