What does not qualify as medical negligence?

Quick answer

Medical negligence is a highly complex area of law, so it can be difficult to know what circumstances will qualify for a claim.

In our experience, there are particular circumstances that do not qualify as medical negligence, including a practitioner’s poor manner, negative reactions to vaccines, and minor injuries.

If you’re unsure whether your injury qualifies, call us today. Medical Negligence claims can result in substantial compensation, so it’s always worth checking your entitlements.

In depth answer

The most common circumstances that do not qualify as medical negligence include (but are not limited to):

  • A complaint against a hospital, nurse or medical practitioner for their manner. While we understand this can be upsetting, unfortunately poor bedside manner does not satisfy the threshold for negligence.
  • A situation where the patient’s condition worsens for unknown reasons, despite the medical professional meeting acceptable standards of care.
  • Minor injuries as a result of treatment, e.g. bruising from an injection or at the site of a medical treatment that the patient consented to.
  • The occurrence of an injury, adverse outcome, or tragedy, despite the medical practitioner following best practice.
  • A reaction to a COVID-19 vaccination. While this does not qualify as medical negligence, there is government assistance available for those have been hospitalised due to vaccination.

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