Definition
Negligence is the breach of a legal duty to take care, resulting in damage to another person.
Professional (medical) negligence is the failure of a medical practitioner to exercise the reasonable degree of skill, knowledge and care expected from an ordinarily competent practitioner, resulting in injury or damage to the patient.
Essential Elements of Medical Negligence
- Duty of care
- Breach of duty
- Damage / injury
When all three are present → negligence is established. (Duty of Care + Breach of Duty + Damage = Negligence.)
Types of Negligence
- Civil negligence — negligence giving rise to a claim for compensation or damages.
- Remedy: compensation in civil court / consumer forum.
- Criminal negligence — gross negligence or a rash act endangering life, resulting in serious injury or death.
- Consequence: criminal prosecution; fine and/or imprisonment.
- Contributory negligence — negligence in which the patient also contributes to the resulting harm.
- Example: failure to follow medical advice.
- Composite negligence — negligence caused by two or more persons jointly contributing to the injury.
- Example: negligence of surgeon and anaesthetist together causing harm.