ABSTRACT
This chapter discusses the liability of practitioners for negligence and how they can both protect against professional malpractice claims and improve the professionalism of the service they provide. The defences may be voluntary assumption of risk, contributory negligence or limitations of actions. Increasingly, the defence of contributory negligence is favoured, as this has the effect of apportioning but not barring recovery. A court generally will be slow to find contributory negligence, and common law principles will require a low standard of behaviour from clients. An example of contributory negligence in the medical sphere was where a client obtained further drugs beyond the initial prescription, and suffered loss of sight as a result. The civil liability legislation in New South Wales, Victoria and Queensland provides that contributory negligence may be a complete defence, while in the other jurisdictions contributory negligence can only reduce the amount of damages recoverable in any claim.
