ABSTRACT
The potential causes of action for a claim for medical negligence include:
The civil tort of negligence – this is the most common cause of action.
The Law Reform (Miscellaneous Provisions Act) 1943/Fatal Accidents Act 1976 – these Acts apply when the patient has died.
The Human Rights Act 1998 1 – this is most commonly used when psychiatric patients commit suicide but may also be used more generally in cases where there are systemic failures in the system that result in death.
Breach of contract – this is sometimes used when the patient has paid for their health care and may also be used in cases where contractual damages are preferable to compensation in tort.
