COMMENT | When medical treatment goes wrong, patients and their families naturally seek answers. They wish to know whether their doctor has made a mistake that could have been avoided.

The law must then decide a crucial question: was this simply an unfortunate error in professional judgement, or did the doctor actually fail to meet the required standard of care?

This distinction has huge consequences because it determines whether patients receive compensation and whether doctors face legal consequences.

Picture this scene: an operating theatre where monitors suddenly sound their alarm....