ABSTRACT

For a claimant (either the aggrieved patient himself/herself, or a person claiming on their behalf) to be able to succeed in an action for negligence, the claimant must be able to establish three elements:

■ that she is owed a duty of care by the defendant (this will be the team of medical professionals treating the patient)

■ that the defendant failed to use reasonable care and skill in treating the claimant and therefore breached his duty

■ that the defendant’s breach caused the claimant’s injuries and that the injuries sustained are not too remote.