This article sets out what claimants have to prove to
successfully establish a clinical negligence claim and receive a
compensation award.
Duty of care
Doctors owe a duty of care to their patient. The law defines
this as a duty to provide care that conforms to the standard
reasonably expected of a competent doctor.
The standard of care
What is the standard of care and what is considered reasonable
in a particular case? Further, how can a claimant prove that the
defendant doctor's care has failed to meet the requisite
standard?
The claimant first needs to show that on the balance of
probabilities, the defendant's alleged specific acts or
omissions were a cause of or materially contributed to the injury
or loss or may have caused deterioration in condition. They then
have to prove that these acts or omissions were the cause of the
injury or loss or may have caused deterioration in their condition
that would not otherwise have occurred. Negligence is
