Breach of Duty of Care:

A duty of care is where someone is legally responsible for the welfare of another. There are various relationships in which it is assumed that a duty of care exists. One such relationship is that between a health practitioner and a patient. A health practitioner owes each patient a duty of care. This duty of care may be breached if the health practitioner does not exercise the level of care reasonably expected from someone within their industry of similar experience and with comparable qualifications.

Health practitioners should exercise a reasonable standard of care across various services offered to patients, including but not limited to:

• Confidentiality and privacy of records;
• Examination and assessment;
• Diagnosis;
• Treatment;
• Prognosis;
• Advice, especially advice about various treatment options including the risks, prospects of success and direct/indirect consequences of such treatment;
• Hygiene and procedures for reducing the risk of cross contamination/infection.

Although many people believe that a duty of care is only owed to a patient by their doctor or specialist, it is important to note that other health professionals, assistants, trainees, administration staff, other associated employees and the facility (hospitals, surgeries, aged care facilities, amongst others) also have a duty of care to the patient.

If a health practitioner, associated employees and/or the health facility does not meet the standard of care reasonably expected by someone in their position, they will have breached the duty of care owed to their patient and may be considered negligent.

A breach of a duty of care may be actionable by the patient if they have suffered a loss as a result of the breach. This loss is not restricted to a financial loss but may also extend to a loss of quality of life or life expectancy. A claim arising from the breach of a duty of care must be made within the relevant statutory time limit.

It is important that you seek legal advice from a Medical Lawyer or Mental Health Lawyer if you believe that you or someone you know has previously been and/or continues to be subjected to various breaches of the duty of care to which they are owed.

If you are a health practitioner and a claim has been made against you, it is vital that you speak with a Mental Health Lawyer or Medical Lawyer who can advise you of your rights and prospects of defending this claim.

If you wish to speak with one of our Medical Lawyers or Mental Health Lawyers do not hesitate to contact our firm by telephone on (02) 9233 4048 or send an email to info@navado.com.au.

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.