What are the Causes of Medical Negligence?

March 20, 2023    Civillawyers
What are the Causes of Medical Negligence?

Medicine is one such profession that people trust the most worldwide. The Australian legislation states that because of this, medical specialists and other medical professionals owe patients a higher degree of care than the rest of the general population expects of them.


This higher degree of care is required to ensure the health and well-being of patients, and it is only possible with the specific competence of experts. Suppose a medical professional violates this duty, which results in actual harm, typically physical. In that case, the law will consider it medical negligence, which is a subset of the more significant subject of civil liability law.


If you don’t know what medical negligence is, the causes of medical negligence, and how to prove it in court, this article is for you. Read till the end to be aware of what causes medical negligence and how a lawyer can help in such an event.


Medical Negligence: What Is It?

In Australia, the term “medical negligence” is mainly standardised, with minor variations between states and cities. Anyhow, the basic definition of medical negligence is that it occurs when a medical professional neglects to exercise reasonable care or take adequate precautions to protect a patient from harm or loss.


Even though each case is unique, the following four primary criteria must be met to determine whether a healthcare provider was negligent:-

  • That the healthcare provider owed the patient a duty of care.
  • That the healthcare provider violated this duty of care by failing to uphold the necessary level of care.
  • That the patient suffered a loss or an injury that a prudent healthcare provider could have predicted.
  • That the duty violation led to harm or loss.

Causes of Medical Negligence In Australia –

1. Medicine & Prescription Errors or Mistakes –

Healthcare professionals must prescribe the proper prescription and dosage. Errors with prescriptions and medications can have serious repercussions, including physical harm, an allergic response, or even death.


A few examples of frequent mistakes are the wrong medication being prescribed, giving allergic patients medications, or suggesting giving the wrong dosage.

2. Diagnostic Errors, Missed Diagnoses, Or Delayed Diagnoses –

The patient might be entitled to file a claim against a healthcare provider if medical negligence resulted in delayed diagnosis, inability to diagnose, or a misdiagnosis.


Meningitis, pulmonary embolism, stroke, diabetes, and cancer are a few of the disorders that are frequently misunderstood. The patient might be entitled to compensation if this resulted in serious injury, illness, or incapacity to obtain prompt care.

3. Mistakes During Delivery or Pregnancy –

Pregnancy-related medical malpractice is quite common, especially when birth deformities or the mother’s serious illness that might impair the pregnancy are ignored. If a healthcare provider or doctor was negligent in causing this, the patient might seek compensation for any resulting physical or mental harm.

4. Surgical Blunders –

Surgery mistakes are another cause of medical negligence. These mistakes include:

  • Working on the wrong side.
  • Using the incorrect technique.
  • Causing injury to the body.
  • Not adhering to basic infection control protocols, etc.


The patient might be entitled to file a claim for medical negligence if a surgical error led to illness or harm.

5. Infections or Viruses Caught In Hospitals –

Hospitals are meant to be hygienic, sterile settings where patients are securely treated. The patient can file a legal complaint if the hospital’s filthy hygiene condition causes hospital-acquired diseases like staph infections, MRSA, or pneumonia.


Hire one of the best Medical Negligence Lawyer Perth if you or your loved one is a victim of these medical mistakes or blunders.


How To Know If Any Medical Negligence Is Happening?

There must be evidence of the preceding to prove medical negligence:

1. Care Obligation

It must be proven that the medical provider owed the patient next-level care. According to the legislation, medical practitioners now have a duty of care to their patients.


According to the law, the medical practitioner must treat patients reasonably and utilise their expertise and work ethic judgement to give competent medical care and guidance.

2. Damages and Causation

The patient must undergo physical or psychological suffering due to any medical professional’s actions or inactions, and the healthcare practitioner must reasonably predict this harm or damage.


Furthermore, you must prove that any injury, loss or harm the victim sustained was brought on by the negligent medical care you received. Claim that your injuries would not have occurred if the faulty medical care had not been administered.

3. Standard of Care

It is necessary to demonstrate that a medical professional’s care fell short of the required level of care to establish that their actions were negligent.


A medical professional’s ability to properly fulfil Australian medical community norms is what courts regard to be the appropriate quality of care The views of numerous other well-regarded medical experts in the same sector support this assessment.


Type of Compensation To Expect Once You Prove Medical Negligence –

Claims for medical negligence are usually made to receive financial compensation. Individuals frequently file a compensation claim to hold someone responsible for what happened, but a medical negligence lawsuit may not always succeed in doing so.


Instead, the goal of a claim is to give the victim of an injury the money they need to pay for past expenses, the expense of any future treatment they may require, and to ease their daily struggles.


They can help you get the compensation that can cover your past and future lost wages, the price of your present and future medical care, as well as any other expenses linked to the injury. It can also cover your pain and suffering.



So, if you’re wondering, ‘how do I prove medical negligence in court?’ and are getting nervous about the lengthy legal procedures, you must leave things in the hands of an expert lawyer.


The best medical negligence lawyers in Perth can request compensation if they can gather the necessary proof. Hire Civil Lawyers Perth  for the medical negligence scenario that happened to you, and file a compensation claim seamlessly in no time.

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