Navigating the Complexities of Medical Negligence Cases

You may have heard the terms “medical negligence” and “medical malpractice” used interchangeably, but there’s a subtle, yet important difference:

• Medical negligence: This involves unintentional actions or failures to take reasonable care, causing damage.
• Medical malpractice: This refers to deliberate ignorance of care standards or intentional harm by a healthcare professional.

Both can result in compensation claims, but the legal approach may differ. At GMP Law, we’re experienced in handling both types of cases and can guide you on the best path forward.

Recognising the signs: Is it medical negligence?

Identifying potential medical negligence isn’t always straightforward. 

At GMP Law, we look for a specific sequence of events:

1. An established duty of care (typically a doctor-patient relationship suffices to prove this)
2. A breach in the standard of care
3. This breach caused harm (known as causation)
4. The harm resulted in damages.

It’s important to note that not all negative medical outcomes are due to negligence.

Sometimes, despite the best efforts of medical professionals, treatments don’t work as expected. This is why it’s crucial to have your case evaluated by an experienced legal professional who understands the nuances of medical negligence law.

The importance of causation

Causation is a critical element in medical negligence cases. The Civil Liability Act 2003 (QLD) states that for a breach of duty to be considered a cause of harm, it must have been a “necessary condition” of the adverse event occurring. In other words, the harm would not have occurred if not for the negligent act or omission.

This concept, known as the “but for” test, is crucial in establishing liability.

For example, if a doctor failed to diagnose a condition, the plaintiff must prove that “but for” the doctor’s negligence, the harm would not have occurred. This can be particularly challenging in cases where the patient had a pre-existing condition or where multiple factors contributed to the harm.

Expert testimony

In most medical negligence cases, expert testimony plays an important role in establishing both the standard of care and causation.

Medical experts can provide insights into:

1. What a reasonable practitioner would have done in similar circumstances
2. Whether the defendant’s actions fell below the accepted standard of care
3. The likelihood that the negligent act or omission caused the harm in question.

It’s important to note that courts will consider the circumstances at the time of the alleged negligence, not with the benefit of hindsight.