What is classed as medical negligence?

medical negligence claim is a claim against a medical practitioner, hospital or other allied health care professional in which it is alleged that the medical professional or facility has failed to provide reasonably competent medical treatment. If you have suffered as a result of inadequate or sub-standard treatment, then Marsdens are the medical negligence experts and can assist in getting your life back on track.

Medical professionals have a duty of care to patients that ensure their safety and wellbeing. A case of medical negligence, medical malpractice or medical mismanagement happens when treatment falls below an acceptable standard. If standards are not met, Maurice Blackburn medical negligence lawyers can assist you with compensation claims.

We know that the compensation you receive is vital to quality of life for you and your family. We are dedicated to helping you get your life back on track and will fight for you.

Whats an example of medical negligence?

Incorrect Medication

Incorrect medication prescriptions or administration of drugs is one of the most common cases of medical negligence reported. This can occur when a patient is prescribed the wrong drug for their illness, receives another patient’s medication or receives an incorrect dosage of medication.

Incorrect dosages are the most common mistakes made in regards to medication errors and are usually the result of poor communication. A doctor may write an incorrect dosage for a patient, or a nurse may misread a report and administer the wrong dosage. Incorrect dosages are unacceptable and if you have been a victim of this mistake, it is worth consulting with your nearest medical negligence lawyers for more information.

What else you need to know:

The modern law of negligence is based upon a general rule that those whose acts or omissions might injure another should exercise reasonable care to avoid that occurring.  The rule is of relatively recent origin and is attributed to a case decided in the early part of the 20th century.

In much earlier times, English law showed no interest in providing compensation for unintended injury.  Society had other, more pressing, concerns.  By the 19th century there was still no general rule for liability for negligence, but particular callings were identified as subject to potential liability for loss to customers – for example, innkeepers and common carriers, whose liability was strict.  Other callings, such as the surgeon or the attorney were subject to a duty of carefulness.  A prominent legal historian suggests that the reason why cases involving these two professions do not appear earlier is that it was not until much later “that these professions attained social dignity by measures taken to eliminate quacks in the one case and swindlers in the other.”


** The contents do not constitute legal advice, are not intended to be a substitute for legal advice and should not be relied upon as such.

You should seek legal advice or other professional advice in relation to any particular matters you or your organisation may have.