Executive Summary
Medical services fall within CPA jurisdiction, allowing patients to seek compensation for negligence:
- Statutory basis: CPA 2019, medical services included
- Standard: Reasonable care and skill
- Bolam test: Accepted medical practice
- Burden of proof: On complainant
- Remedies: Compensation for loss
- Limitation: Two years from cause of action
This guide examines medical negligence claims under consumer protection framework.
1. Medical Services as Consumer Services
Inclusion Under CPA
| Aspect |
Position |
| Definition |
Service for consideration |
| Free services |
May be excluded |
| Hospital services |
Included |
| Professional services |
Covered |
Exceptions
| Category |
Status |
| Free treatment |
May not qualify |
| Government hospitals |
Controversial |
| Emergency services |
Generally covered |
2. Standard of Care
Bolam Test
| Element |
Standard |
| Reasonable care |
Ordinary skilled professional |
| Accepted practice |
Body of medical opinion |
| Not highest standard |
Reasonable competence |
| Specialist standard |
If holding out as specialist |
What Must Be Proved
| Element |
Evidence |
| Duty of care |
Doctor-patient relationship |
| Breach |
Below acceptable standard |
| Causation |
Breach caused injury |
| Damage |
Actual harm suffered |
3. Types of Medical Negligence
Common Categories
| Type |
Examples |
| Diagnostic error |
Missed diagnosis, wrong diagnosis |
| Treatment error |
Wrong medication, dosage |
| Surgical error |
Wrong site, retained instruments |
| Post-operative |
Inadequate monitoring |
Consent Issues
| Issue |
Standard |
| Informed consent |
Material risks disclosed |
| Documentation |
Written consent |
| Emergency |
Implied consent |
4. Evidence Requirements
Documentary Evidence
| Document |
Purpose |
| Medical records |
Treatment history |
| Prescription |
Medications given |
| Investigation reports |
Tests conducted |
| Consent forms |
Authorization |
Expert Evidence
| Requirement |
Specification |
| Expert opinion |
Usually necessary |
| Qualifications |
In relevant specialty |
| Bolam application |
Accepted practice |
5. Burden of Proof
General Rule
| Stage |
Burden |
| Initial |
On complainant |
| Res ipsa loquitur |
May shift burden |
| Records with hospital |
Production ordered |
Res Ipsa Loquitur
| Element |
Application |
| Accident speaks |
Negligence obvious |
| Examples |
Wrong limb, retained object |
| Effect |
Inference of negligence |
6. Defenses
Available Defenses
| Defense |
Basis |
| Accepted practice |
Followed Bolam standard |
| Informed consent |
Risks explained |
| Emergency |
Best efforts in circumstances |
| Contributory negligence |
Patient non-compliance |
7. Compensation
Heads of Damages
| Category |
Coverage |
| Medical expenses |
Past and future |
| Loss of income |
Earning capacity |
| Pain and suffering |
Non-pecuniary |
| Attendant care |
Nursing costs |
Calculation Principles
| Factor |
Consideration |
| Age |
Life expectancy |
| Multiplier |
Based on age |
| Disabilities |
Percentage assessment |
8. Compliance Checklist
For Patients/Complainants
For Healthcare Providers
9. Key Takeaways
- CPA Applies: Medical services covered.
- Bolam Standard: Reasonable professional skill.
- Expert Evidence: Usually essential.
- Records Critical: Obtain complete documentation.
- Limitation: Two years strictly applied.
Conclusion
Medical negligence claims under CPA provide patients recourse for substandard care. The Bolam standard of reasonable professional skill applies. Strong documentary evidence and expert opinion are essential for establishing negligence.
