HOW DO THE COURTS ASSESS THE CONDUCT OF HEALTH CARE PROVIDERS IN MEDICAL NEGLIGENCE CLAIMS?
Personal injury laws in Australia, in cases of medical negligence, allow the courts to assess far more than just the generally accepted practices of the health care provider’s industry. For medical negligence to be found, your personal injury lawyer will need to demonstrate to the courts that the conduct of the health care provider in question did not conform to the ‘standard of reasonable care’ demanded from their industry under common law. Secondly, court houses in Australia can take into consideration ‘peer professional opinion’ – that is, whether the health care provider, at the time the injury was sustained, acted with competent professional practice as determined by a ‘significant number of respected’ health care providers in the field.
Related Questions
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