If you suffer injury as a result of inadequate treatment by a medical practitioner or hospital, you may have a claim for damages for your injury.
There are special rules governing the right to make such claim pursuant to the Civil Liability Act. These provide that:
- A doctor does not breach a duty arising from treatment if the doctor acted in a way that (at the time the service was provided) was widely accepted by peer professional opinion or by a significant number of respected doctors as a competent professional practice.
- A doctor does not breach a duty owed to a patient to warn of risk, before the patient undergoes any medical treatment that will involve a risk of personal injury to the patient, unless the doctor at that time fails to give to the patient the following information about the risk:
- information that a reasonable person in the patient’s position would, in the circumstances, require to enable the person to make a reasonably informed decision about whether to undergo the treatment or follow the advice;
- information that the doctor ought reasonably to know the patient wants to be given before making the decision about whether to undergo the treatment or follow the advice.
If you would like to enquire about making a claim please click here and take a few minutes to fill in this form. Will will get back to you within 24 hours.