Just because a patient suffers a difficult or negative outcome from medical treatment/advice, this does not mean they have an automatic right to compensation.
A claim of negligence in New South Wales can only arise when a plaintiff successfully establishes the following:
- At the time of the alleged incident, a duty of care existed between the plaintiff and defendant. (Duty of Care)
- The defendant acted in a manner that (at the time the service was provided) was below what was widely accepted by peer professional opinion as competent professional practice. (Breach of Duty)