(II) How to establish medical negligence

The unsatisfactory outcome of medical treatment in itself is insufficient to support an allegation that the doctor treating you was negligent. For example, you cannot sue your doctor for medical negligence simply because your illness cannot be cured after a series of treatments.

To establish a case for medical negligence, you (as the patient) must prove the following on a balance of probabilities :

1. The doctor owed you a duty of care.
2. There was a breach of that duty by the doctor.
3. The injury or damage that was suffered by you was caused by the breach.

1. What do the terms "duty of care", "breach of duty" and "causation" mean?



2. How to determine whether or not a doctor has exercised "reasonable skill and care" in administering medical treatment or carrying out an operation? Are there any special standards that can be taken into consideration?



3. I am a patient and am being asked by my doctor to sign a "consent form" that shows that I accept the treatment or operation. If I sign this consent form but my condition worsens as a result of the treatment or operation, can I still claim against the doctor for compensation?