Injuries sustained during a medical procedure may fall under the category of ‘medical negligence’. The team at Gordon Legal have decades of experience representing the interests, and fighting for the entitlements, of countless individuals across a range of compensation areas.
We have specialist lawyers who operate within the medical negligence field and who can offer you expert advice with regards to filing a claim for compensation for injuries sustained during a medical procedure or due to the fault of a medical practitioner. We understand that these types of cases are often very distressing to individuals and their families and our lawyers approach each case with care, consideration and empathy, ensuring that we work with you to achieve the compensation that you deserve to help you rest, recuperate and hopefully fully recover.
Medical negligence claims
A claim for medical negligence is the type of compensation claim a person may feel they need to file after sustaining an injury or illness due to the negligent practices of a medical practitioner or allied health practitioner. This could be while undergoing a surgical procedure, or it may have been the result of incorrect practice, the wrong prescription given to a patient, failing to notify a patient of a possible side effect of treatment which they have willingly undergone, an incorrect or late diagnosis that could have been avoided, the mismanagement of a procedure such as a birth. For more information about what may constitute as a case of medical negligence, it is best to seek the advice of a legal professional.
“Will my injury count as medical negligence?”
In order for a medical negligence claim to be successful, it must be shown that a practitioner has failed to provide reasonable care. As a patient, your medical practitioner/s have a duty of care. If they have breached that duty of care causing injury or loss as a result of that breach, then you may have a successful claim for compensation against that practitioner.
A claim for medical negligence is viewed by Australian law as a ‘civil suit’. This means that it does not fall under criminal activity and your claim for compensation will be for a monetary value awarded to you at the successful conclusion of your case.
The costs you file for may include the pain and suffering which you have endured, additional medical costs resulting from additional treatment required after your procedure, loss of your income if you were not able to work after the procedure or as a result of additional treatment you have required, as well as additional travel and home care expenses which have resulted from the event or procedure you have undergone. Your lawyer can help you adequately account for your expenses and what type of expenses qualify for claiming as part of your compensation case.
“How will my case be resolved?”
In Australia, it is quite common for medical negligence claims to be settled outside of court, negotiating directly with the medical insurer for a lump sum payout. In this way there is no appearance before a judge and your lawyer is able to arrange the terms of your settlement either on your behalf, or by advising you.
If you believe that you have a case for medical negligence and wish to seek compensation for your injuries and/or resulting illness, then contact one of our friendly team today on 1800 21 22 23 or log on to our website at www.gordonlegal.com.au.