Do I Have a Medical Negligence Claim?

Introduction

If you have suffered harm after medical treatment, you may be wondering whether the outcome was an unavoidable complication or whether something went wrong that could amount to medical negligence.

A poor outcome is not enough

Not every unsuccessful treatment, complication or unexpected result is caused by negligence. Medical treatment carries risks, and a healthcare professional is not automatically negligent simply because a patient did not recover as expected.

What usually needs to be considered?

A potential claim generally requires consideration of whether a healthcare provider owed you a duty of care, whether the care fell below the standard reasonably expected, whether that failure caused or materially contributed to your injury, and what loss or damage resulted.

How is this investigated?

Medical records are usually obtained and reviewed. Depending on the circumstances, independent medical expert opinion may be required to assess the standard of care and causation.

Next step

Because medical negligence claims are fact-specific, an initial legal assessment can help identify whether further investigation is appropriate.