Medical Negligence

You must show the doctor or hospital owed a duty of care, breached the accepted standard of care expected of a reasonably competent professional, and that this breach directly caused injury or loss. Courts apply the Bolam standard, giving weight to accepted medical practice, so independent expert opinion is central to these cases.

Consumer Commissions offer a comparatively faster route for compensation where medical services were paid for, and are generally the preferred forum. Civil suits remain an option for more complex claims, and complaints to the Medical Council can run alongside for professional accountability.

Consumer complaints must generally be filed within 2 years of the negligent treatment or discovery of harm, though this can be extended where the injury or its cause was not immediately apparent, such as a retained surgical instrument found much later.

Patients are legally entitled to their medical records, and hospitals are required to furnish them within a reasonable time. Where a hospital refuses or delays, we can seek a direction from the Consumer Commission or Medical Council to compel disclosure, and the refusal itself can support an adverse inference.