What do I need to prove to be successful in my medical negligence claim?

There are a number of core elements that must be satisfied for you to be successful in your medical negligence / medical malpractice claim.

Your lawyer will establish by way of expert evidence, that the procedure/care undertaken was not widely accepted as competent peer professional practice. This means that a professional in the same position as the defendant would not have acted as the defendant did.

If you can establish both negligence and causation it is likely that you are eligible to make a medical negligence claim and obtain compensation for your injuries.

To be successful in a medical negligence claim you will need to prove:


In order to prove negligence, you need to ask the following:

  1. Did the defendant owe you a duty of care?
    • Yes, doctor and patient relationships and hospital patient relationships are all duty of care relationships and will satisfy this test
  2. Did the defendant breach their duty of care?
    • Whether the defendant’s care fell short of the professional standard

The Civil Liability Act 2002 (NSW) (CLA) outlines the law in relation to breach of duty of care for professionals in Section 5o as follows:

  1. A person practising a profession (“a professional”) does not incur a liability in negligence arising from the provision of a professionalservice if it is established that the professional acted in a manner that (at the time the service was provided) was widely accepted in Australia by peer professional opinion as competent professional practice.


To establish causation, you will need to prove that:

  1. As a result of that negligence you have sustained an injury that would not have eventuated if due care and skill were exercised

About Matthew Garling

Matthew Garling, Founder of Garling & Co is a NSW Law Society Accredited Specialist in Personal Injury Law. He specialises in compensation law and has acted on behalf of thousands of injured people in work accidents, motor vehicle accidents and negligence cases over the last 20 years.

About Renee Lawes

Renee Lawes is a Solicitor of the Supreme Court of NSW and has been working alongside Matthew Garling at Garling & Co Lawyers for over five years. Renee’s areas of interest are Medical Negligence / Medical Malpractice and TPD claims.

Over the last five years Renee has helped secure many injured clients the compensation they deserve for their injuries.

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