Medical errors and liability are directly related; after all, medical errors lead to liability in situations where a physician (e.g. a medical specialist) breaches a standard of due care that he or she ought to have observed. When this happens, the cause of the medical error, its nature and consequences and the factual circumstances under which it occurred all have to be considered. Increasingly, employers (such as hospitals and healthcare institutions) are being held accountable for errors made by doctors in their employ. Where the liability of a medical specialist is at issue, this often concerns establishing whether a medical error was in fact made. Medical specialists may furthermore be held liable for non-medical conduct such as:
– their manner of professional practice;
– the keeping of medical files; or
– a violation of professional confidentiality.

Of course, it is also important not to assume occupational liability where none exists. This requires sound knowledge of relevant procedures and substantive factors – knowledge that our firm has in abundance.