Erbs Palsy Information – Negligence

• There must be shown to exist a ‘duty of care’ which indicates that one person has to take care of another’s wellbeing by law. This duty does not automatically exist however the relation ship that exists between most healthcare providers and a patient is sufficient to establish that relevant duty of care. The healthcare provider does not have to be a doctor but can also be a corporate body such as a clinic or health authority and it also includes nurses and technicians.

• It must be shown that the duty of care has been breached by negligence, the definition of which depends on which state in Australia that the alleged wrongful act took place. It is sufficient to say that negligence will be proved if it can be shown that a healthcare practitioner's conduct did not conform to the standard of reasonable care demanded by law in that particular location.

• The claimant must have suffered loss however this does not mean just actual financial loss. Pain and suffering also represents ‘loss’ which can be valued in financial terms by a judge when making the award for damages.

• The losses claimed must be directly attributable to the negligent action however certain losses may be deemed to remote to claim if the loss is not reasonably foreseeable.

CLINICAL NEGLIGENCE SOLICITORS FREE HELPLINE 1800 339 353

Medical Negligence

Accurate Erbs palsy information about medical negligence can be difficult to obtain not least because the definition of negligence varies dependent on location and whilst some states and territories have passed specific legislation other places depend on the common law. This means that old case law may prevail in some places whereas others have determined that a doctor’s negligence is decided by comparing that doctor’s conduct to the conduct of other doctors faced with a similar situation in a similar location. The failure of treatment does not necessarily mean that a doctor is negligent even though alternative treatment may have succeeded provided that a significant body of other doctors would have taken a similar approach provided that it was logical to do so.

CLINICAL NEGLIGENCE SOLICITORS FREE HELPLINE 1800 339 353

Specialist Solicitors

Our specialist solicitors provide Erbs palsy information on medical negligence claims at no cost and with no further obligation. If you would like free advice just complete the contact form or email our offices. A solicitor will speak to you on the telephone and provide information on how best to preserve your child’s legal rights to claim compensation.