Frequently asked questions
What is medical malpractice?
Medical malpractice may involve avoidable harm caused by healthcare that fell below the expected standard of care. It can involve an action, omission, delay, failure to monitor, failure to communicate, or failure to follow up.
Does a poor medical outcome always mean malpractice occurred?
No. Some poor outcomes happen despite appropriate care. A specialist review considers the records, timing, clinical context, expected standard of care, and whether any failure caused avoidable harm.
What is the difference between medical malpractice and medical negligence?
The terms are often used together. Medical negligence usually refers to care that may have fallen below an expected standard. Medical malpractice is often used when that failure is linked to harm and a possible claim is being considered. The exact assessment depends on the facts and applicable law.
What does duty of care mean?
Duty of care generally describes the responsibility healthcare providers have to assess, monitor, communicate, refer, treat, and follow up in line with the expected standard for the situation.
Can cerebral palsy be linked to medical malpractice?
Sometimes families ask for review where there were concerns about pregnancy, labour, delivery, fetal monitoring, neonatal care, oxygen deprivation, severe jaundice, or infection. Cerebral palsy has many possible causes, and many cases are not linked to malpractice.
Can Retinopathy of Prematurity be linked to missed screening?
It may need specialist review if a premature or very low birth weight baby missed appropriate ROP screening, follow-up, referral, or treatment and later suffered avoidable vision harm. The answer depends on the records and timing.
Can spina bifida involve medical malpractice concerns?
Spina bifida is not automatically evidence of malpractice. Review may be considered where there were concerns about antenatal screening, scan reporting, referral, counselling, informed decision-making, or neonatal planning.
What records are useful for assessment?
Useful records may include clinic notes, hospital records, scan reports, test results, monitoring records, medication charts, discharge summaries, referral letters, birth records, neonatal notes, and later specialist reports.
Will submitting a form confirm that I have a claim?
No. A form submission only starts an enquiry. A possible claim can only be considered after the relevant facts and records are reviewed by an appropriate specialist.
Is this website medical advice?
No. This website provides general information. Medical questions, diagnosis, and treatment decisions should be discussed with an appropriate healthcare professional.
Is this website legal advice?
No. This website provides general information and can help people understand when a specialist assessment may be useful. It does not provide legal advice or make decisions about claims.
Important: These answers are for general education only. They are not medical advice or legal advice. A specialist assessment is needed before any conclusion can be reached about a possible claim.