• Failure to provide preventative or proactive treatment to avoid a worsening condition
• Delays in investigating, diagnosing or treating a medical condition
• Misdiagnosis
• Failure to provide an appropriate referral to a specialist or other professionals
• Failure to convey test results to allow for treatment of a condition or injury
• An incorrect reporting of a test, investigation or result
• Any surgical error
• Failure to advise or warn about the risks of a procedure or advise about the availability of an alternative treatment
• Birth trauma or a birth injury claim and
• A dependency or nervous shock claim made by family or dependants of a patient who has died due to medical malpractice.

Hospitals, doctors, nurses and allied health professionals owe their patients a duty to provide a reasonable standard of care when providing medical services. If they fail to provide this standard of care, and cause damage or loss to a patient as a result, they may be liable for this damage. 

In order to sue for damages, you need to demonstrate that you have suffered injury, loss or damage which was caused by the negligence of the hospital, doctor or other health care provider, not from the underlying disease, disorder or injury for which you were being treated. This can be a difficult question to determine and requires expert skill, knowledge and advice to investigate and prosecute.

• Non-economic loss (pain, suffering and loss of enjoyment of life)
• Out-of-pocket expenses you have incurred
• A dependency claim for loss of financial support and services
• Reasonable medical and treatment expenses
• Past and future income loss (including superannuation)
• Personal care and domestic assistance or
• Any equipment or home modifications you might need now or in the future.

We can help you get the compensation you deserve on a no win, no fee basis.

That means you don’t have the added burden or stress of up-front legal fees. You simply focus on you and your family and leave the investigation, prosecution and resolution of your claim to us.

Call us on 1800 21 22 23 for a free initial discussion with one of our lawyers today.

What you need to know about medical negligence claims:

There are three main elements you need to prove to succeed in a medical negligence claim. These are breach, causation and damage:

• Breach of duty: Your medical provider owes you a duty to exercise reasonable care, failure to do so may mean they are liable for any loss or damages that failure has caused.
  
  
• Causation: Proving medical causation is often the most complex part of a medical negligence claim. You need to demonstrate that the failure to exercise reasonable care has caused the damage suffered. If for example no matter the negligent medical treatment your condition, disease or disorder would have deteriorated and resulted in the same course and outcome, then there is no injury, loss or damage caused by the negligence of the health care provider. This can be a very nuanced and complex question and one that requires experience, skill and knowledge to investigate.
  
  
• Compensation for damages: If you can demonstrate injury, loss and damage has been caused by the negligence you are entitled to claim compensation for those losses.

Not all bad outcomes are due to medical negligence. Sometimes complications can occur, these are often referred to as risks of a procedure.

If you have suffered a bad outcome, ask your doctor for more information regarding why this poor outcome has occurred. An apology is not an admission of guilt, yet health professionals are often reluctant to apologise to patients. 

Timing

You should commence proceedings for damages within three years of the incident. After that three-year period your right to make a claim expires (extensions may be granted by the court in limited circumstances, but these can be difficult to obtain.)

Investigation

Medical negligence claims are generally very complex and often require six to twelve months investigation period to obtain medical evidence to support the claim before filing it in court.

This investigation stage involves meeting with you, getting your medical records, taking a statement from you, obtaining an expert opinion from specialist doctors and reporting to you with our advice on whether you have a viable claim.

It is helpful to keep record of your medical appointments/investigations/surgeries and to keep record of your ongoing costs or losses, including receipts for all out-of-pocket expenses, any time off work and any help you may have needed at home.

Court

Once your claim is filed in court it can take between 18 months to three or more years to be finalised, depending on the complexity of the claim and whether the injuries have stabilised enough to be assessed.

Our expert lawyers will run your claim as quickly as possible to allow you to move on with your life. This includes making all reasonable attempts to resolve your case out of court in a timely matter where possible.

If you think you may have a claim, contact one of our lawyers today on 1800 21 22 23.