Build a Victorian clinical chronology for a negligence claim
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Build a dated chronology from the records the lawyer names, quoting the entry, the page and what the note does not say. Do not state the standard of care or that a breach occurred.
- What the lawyer must review
- Read the records, not only the chronology
- Decide the standard under Wrongs Act 1958 section 59 with the expert
- Keep the records in a firm-controlled tool and decide any notifiable privacy breach
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Victoria, Wrongs Act 1958 and the court hearing the claim
Produce. A dated clinical chronology with quotations and page references, and no breach finding.
Have ready. Records the lawyer names; Issues list the lawyer has approved; Whether the claim is in the Supreme Court or the County Court.
Example of the limit. Illustrative example: The records include an operation note and a later deterioration. The chronology quotes both with page numbers and leaves the standard of care blank. The lawyer reads the notes before any expert question is sent.
Stop and hand it back when
- The chronology states that the care was negligent.
- Records would be put into a public tool.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Build a dated chronology from the records the lawyer names, quoting the entry, the page and what the note does not say. Do not state the standard of care or that a breach occurred. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Section 59: a professional is not negligent if the conduct was widely accepted in Australia by a significant number of respected practitioners as competent professional practice. The opinion need not be universal. Differing accepted opinions can each be relied on.
- Peer professional opinion cannot be relied on if the court determines it is unreasonable. If the court does so, it must give written reasons, unless a jury decides the matter.
- Do not write a conclusion on breach or causation into the chronology.
- If the chronology will support a Supreme Court document, follow Practice Note SC GEN 25. Particular caution applies to evidence and to expert reports, which must meet the expert code. Check the County Court's own artificial intelligence practice note if the claim is there.
Sources
- Wrongs Act 1958 (Vic) s 59, standard of care for professionals · 2026-10-23
- Supreme Court of Victoria: Practice Note SC GEN 25, use of artificial intelligence · 2026-10-23
Keep health information in a firm-controlled tool. Confidentiality is Australian Solicitors' Conduct Rules rule 9 and Australian Privacy Principle 11. Decide any notifiable breach under the Privacy Act 1988 (Cth).
Section 59 is not a warning section. Do not use it to decide an informed-consent question.