Medical negligence in Australia

Medical negligence, also known as medical malpractice relates to suffering injuries, illnesses or worsened health condition as a result of a health care providers’ failure to take responsible care. In this case, you may be entitled to claim compensation. You can lodge a claim either by yourself or with the support of an experienced compensation lawyer.

 

What is medical negligence?

 

Medical negligence arises in the situation when there is a duty of care owed to you by a health care provider and the duty was breached, resulting in severe injuries or illnesses. You can also claim compensation for economic loss, non-economic loss and psychological injuries. Some of the examples of medical negligence might be the following:

• Treatment provided by your doctor was below the standards

• The health care provider failed or delayed to inform you of possible risks of the treatment

• The treatment was below the acceptable standards, therefore, caused you to suffer injuries or worsened health condition

• Being provided with wrong health care products or pharmaceuticals

• Faulty test results, blood test results, x-rays and false diagnoses

• Cosmetic surgery malpractices

Mentioned above, are just some of the most known cases of medical negligence. You can get into contact with a legal professional to have your situation assessed.

Please note that not every adverse outcome can be determined as negligence since some of them might be inherent possibilities of the treatment process.

 

What can I claim in medical negligence compensation?

 

If you have enough evidence to prove the duty owed to you was breached, you may be entitled to claim compensation for your economic and non-economic loss. These may include:

• Compensation for past and future loss of earnings

• Pain and suffering

• Medical and treatment expenses

• Travel expenses to and from the medical appointments as long as necessary and reasonable

• Domestic assistance

• Lump sum payment in an event of permanent impairment above a specified degree

 

What documents are needed to make a successful claim?

 

The insurer of the party and if necessary, the court should be provided with necessary and relevant documents indicating your loss, your decreased capacity to work, your injuries, information of the doctor at duty and the required treatment process.

You should also prove that there was a breach in the duty of care owed to you. Duty of care can be described as a professional (health care provider in this case) owed you a duty but the duty was breached either by not following the necessary treatment procedure or by providing treatment below the accepted standards.

You or if you have one, you lawyer should arrange an appointment from a peer expert doctor to review your injuries and prove that the treatment provided was not an accepted one and led to injuries, causing you mental, physical or economic loss.

 

Do I need a lawyer to bring a medical negligence claim?

 

Although it is not obligatory to have a lawyer to make a claim, an experienced compensation lawyer will be advantageous for you to make a claim. Your lawyer will direct you to a health care expert, help you gather all the necessary documents that you may need to support your claim and manage the talks with the insurer or lawyer of the other party. Also, not every claim has to go to court. Your lawyer will try and settle your claim without the need to go to court. You lawyer will ensure you fully understand your rights and maximize the amount you can rightfully receive as well as shortening the process to save you time and money.

If you hesitate to work with a lawyer to prevent any further expenses, you can choose to work with a lawyer acting on no win no fee basis. A no win no fee lawyer will offer you free case evaluation service and will only get paid if you can successfully receive compensation.