Med Neg
Adverse outcome vs medical negligence in NSW: understanding the difference
Explains why an adverse medical outcome does not prove negligence, and outlines breach, causation, peer opinion, expert evidence and HCCC versus civil pathways.
An adverse outcome after medical treatment is an unwanted or unexpected clinical result. An adverse outcome does not itself prove negligence. Many treatments carry inherent risk even when care meets the expected standard.
What a medical negligence claim generally involves
In NSW, a civil medical negligence claim ordinarily requires proof of duty, breach of the standard of care, and causation of harm. Breach and causation are separate questions. The standard is commonly assessed by reference to peer professional opinion and what a reasonably competent practitioner in the relevant field would have done in the circumstances.
Expert evidence
Appropriately qualified independent expert opinion is usually needed before a civil claim can be assessed properly. The expert must be in the relevant specialty and able to address both breach and whether any breach caused the harm complained of.
Failure to warn and inherent risk
Some claims focus on failure to warn about material risks, or on whether the outcome was an inherent risk of an accepted treatment rather than the product of substandard care. Informed consent issues are distinct from technical performance issues, although both can arise on the same facts.
HCCC complaints are not the same as a civil claim
A complaint to the Health Care Complaints Commission (HCCC) is a regulatory and complaints pathway. It is distinct from a civil claim for compensation. An HCCC process does not automatically establish civil liability, and a civil claim does not replace the complaints pathway.
Practical next steps
The available options may depend on the facts, evidence and applicable law. Complete the quick, no obligation enquiry form to request contact about your circumstances.
Sources
*The information contained in this website is not intended to constitute professional legal advice. You acknowledge that legaladvice.com.au does not provide legal services or legal advice and that you should not rely or act upon any information received from the use of the website.*
The information contained in this website is not intended to constitute professional legal advice. You acknowledge that legaladvice.com.au does not provide legal services or legal advice and that you should not rely or act upon any information received from the use of the website.