What is Medical Negligence?

By Tom Maling

A doctor owes their patient a ‘duty of care’, and breach of that duty which causes an injury will entitle a person to compensation. But what does that all mean?

If you are reading this article, chances are you or a loved one has had medical treatment which has not gone to plan.  We understand the enormous impact this can have, not just in terms of your health, but also your work, relationships and general enjoyment of life.  We hope that you are able to recover from your injuries.  We also hope that this article provides you with a greater understanding about what medical negligence actually is, and how we can help.

The key points are:

  1. There may have been negligence when the doctor does something that a reasonable doctor would not do, including failing to do something.
  2. A doctor owes you a duty of care to act reasonably when providing treatment and advice.
  3. It is not enough to only show that the doctor acted negligently. You must show that the doctor caused you further injury (causation).
  4. If you establish negligence and causation, then you will be entitled to compensation for things like lost wages, the cost of treatment, and your pain and suffering.


Feel free to contact Matt or Tom to have a chat about what has happened.

Further Reading:

For more information on our medical negligence services please see our medical negligence page.

To contact Matt or Tom or to make an appointment in either our Canberra or Queanbeyan office:

p: +61 2 6206 1300 | e: Info@elringtons.com.au