Medical negligence

Introduction

Medical negligence is the area of legal practice that is concerned with acts or omission by a medical facility or practitioner that causes injury or harm to a person that is under their care.

In order for medical malpractice to be established, a court or tribunal must be satisfied that the act or omission fell below the accepted standard of practice in the medical community.

The area of medical negligence can include claims involving

• Public and private hospitals
• Doctors
  
• General Practitioners (GPs)
• Surgeons
• Radiologists
• Nurses
• Dentists
• Midwives
• Pharmacists
• Orthopaedic surgeons
• Chiropractors
• Physiotherapists

Legal practitioners who act in the area of medical negligence will generally specialise and;

• act for persons who allege they suffered injury or harm
• OR
• act for the organisations and practitioners (and their insurers) who are claimed to have caused the harm.
  

At the bottom of this profile are brief details of a number of the experts that Expert Experts represents. Call our office to discuss your requirements and to obtain a recommendation that suits your needs and budget.

What Expert Evidence

In order to establish whether an act or omission fell below or was within the accepted standard of practice in the medical community the opinion of experts in the field are regularly sought.

The experts generally have extensive experience in the area in question.

Some situations where questions of medical negligence arise include:

• misdiagnosis
• bowel perforations
• infections
• results of surgery
• Anesthetic problems

Sample Reports

For some fields of expertise we have some sample sections of de-identified reports. Please contact our office if you are interested in a sample.

Cost

The overall cost of expert opinion depends on the services required. Some of the key factors that affect the cost of advice include:

• The need for a view or inspection of a location
• The quantity of documentary material to be reviewed
• Whether there are reports of other experts to be reviewed and commented on in detail
• Whether there is a need for conferences with the expert either in person or by telephone/Skype

Relevant Articles Civil Liability Act 2002

Section 5O Standard of care for professionals