How Do You Prove Medical Negligence in NSW?

Introduction

Medical negligence claims usually depend on both legal principles and medical evidence. It is not enough to show that an injury occurred after treatment.

Standard of care

The investigation considers what a reasonable healthcare professional would have done in the circumstances and whether the treatment provided fell below the required standard.

Causation

It is also necessary to consider whether the alleged breach caused or materially contributed to the injury or worsening of the condition.

Evidence

Relevant evidence may include medical records, imaging, pathology, expert reports, witness evidence and documents showing financial loss, treatment costs or care needs.

Expert opinion

Independent medical expert evidence is often important because specialist opinion may be needed on both the standard of care and causation.