Below are common examples of medical negligence:
Failure to provide preventative or proactive treatment to avoid a worsening condition
- Delays in investigating, diagnosing or treating a medical condition
- Failure to provide an appropriate referral to a specialist or other professionals
- Failure to convey test results to allow for treatment of a condition or injury
- An incorrect reporting of a test, investigation or result
- Any surgical error
- Failure to advise or warn about the risks of a procedure or advise about the availability of an alternative treatment
- Birth trauma or a birth injury claim
- A dependency or nervous shock claim made by family or dependants of a patient who has died due to medical malpractice.
If negligence, causation and loss can be established, the types of damages that may be claimed include: non-economic loss (pain, suffering and loss of amenity of life), economic loss, out of pocket expenses, treatment expenses and provision of personal care or domestic services.
Medical and healthcare providers must obtain informed consent of a patient before providing medical treatment, meaning the patient understands the nature and extent of the treatment, including any related risks. All adults with capacity have the right to refuse medical treatment, even if that treatment is lifesaving.