What is medical negligence?

Medical negligence refers to the failure of a healthcare professional to provide the standard of care expected of them, resulting in harm or injury to a patient. Medical negligence can manifest in various forms such as medical error, surgery mistake, delayed diagnosis, medication error, misdiagnosis, insufficiently informed consent, and wrongful death.

To establish medical negligence, you must be able to establish that a duty of care existed, that there was a breach of that duty of care and that the breach caused or significantly contributed to damage or loss.

If you believe you may have suffered harm as a result of medical negligence, it is important to contact a medical negligence lawyer to help assess whether you might have a compensation claim.

What do I do if I suspect I’ve been a victim of medical negligence?

If you believe you have been impacted by a medical error, you could be entitled to claim compensation for the incident. A failure from a Doctor or other health professional to provide you with reasonable care could constitute medical negligence, as they have breached their duty of care.

You might be a victim of medical negligence if you have been impacted by surgery mistakes, hospital errors or doctor’s mistakes. Some examples of medical negligence incidents involve situations such as a misdiagnosis, nursing home neglect, wrongful death, medical error or hospital negligence.

The medical negligence claim process involves a period of investigation which can last upwards of 6-12 months. As a result, if you suspect you are a victim of medical negligence, it may be useful to begin compiling relevant information to help throughout this period. Some of the information you could gather could include timelines, evidence of costs incurred or records of your medical appointments. It is also important to make note of key health practitioners involved in your negligent treatment.

In addition to meeting with a medical negligence lawyer, you also have the ability to make a complaint to AHPRA regarding a practitioner’s conduct. They will be able to investigate your complaint, although there is a different process if you are located in New South Wales or Queensland.

At Gordon Legal, we understand that pursuing compensation claims can be an overwhelming process, which is why it’s important you find the right malpractice lawyer. Finding an attorney with a high level of knowledge and experience navigating the medical negligence claim process is essential. Contact us on 03 9603 3000 to get in touch with our medical negligence team.

How do I find a lawyer to help with my medical negligence case?

Finding the right medical negligence lawyer for your claim is an important step in the medical negligence claim process. What you require from a medical negligence attorney may vary individually, however generally speaking, a high level of professionalism and understanding of the claim process will be useful. Cases involving medical malpractice can be highly complex, and require a high level of specialised legal knowledge. As such, it is important you seek out a lawyer with a high level of experience handling instances of medical mistakes. They can assist you throughout the investigation and claim process by providing clear advice.

A medical lawsuit is also presents individual issues based on your circumstances. The medication error, hospital negligence or delayed diagnosis that you may have suffered will be uniquely complex, as no two claims will be the same. At Gordon Legal, we understand the importance of individualised, comprehensive advice tailored to your situation. We offer initial consultations with members of our medical negligence team to understand your situation.

If you believe you have suffered as a result of medical malpractice, it is important you seek legal advice as soon as possible to assist with your claim. Contact us on 03 9603 3000 today to make an initial medical negligence enquiry.

What should I expect during the initial consultation with a medical negligence attorney?

An initial consultation with a medical negligence attorney will generally involve a comprehensive discussion about your situation and the impact of the negligent medical treatment provided to you. An initial consultation with a malpractice lawyer is likely to involve an emphasis on understanding your individual circumstances. This is due to the individuality and complexity that is required throughout the medical negligence case process.  Understanding the specifics of your situation will allow for a tailored approach to any potential medical malpractice lawsuit.

It is in this initial appointment that a medical negligence attorney may be able to answer particular concerns or questions you had regarding the claim process. They might answer specific questions you have about how to prove medical negligence, or the next steps required from you throughout the claim process.

You may also use the opportunity to judge whether you think their approach aligns with what you are seeking from a potential medical negligence lawyer. It is important that you find a medical malpractice lawyer with experience navigating these sorts of complex claims. An initial appointment provides an opportunity for you to ascertain whether their communication and approach suits your goals.

This initial consultation provides an opportunity for you to fully understand the steps involved throughout the medical negligence claim process, as it can be quite complex. A medical negligence attorney can outline what will be involved throughout the investigation and claim period, as well as any specific limitations or regulations. Contact us on 03 9603 3000 to arrange an initial consultation with an experienced member of our medical negligence team.

How do I negotiate a settlement in a medical negligence case?

Settlement negotiation in a medical negligence case can occur due to the complexity surrounding how to prove medical negligence. Many people choose to employ an experienced medical malpractice lawyer to assist them throughout this settlement process. A medical negligence lawyer can assist you due to their understanding of any potential entitlements you may have. They can also assist due to their resources and experience achieving medical negligence compensation claims.

The negotiation phase will generally involve discussion with a medical insurer regarding your entitlements. This figure will be calculated based factors such as the extent of your damages, out of pocket costs, non-economic or economic loss. Engaging an experienced attorney to assist throughout this process is likely to strengthen your claim. Contact us on 03 9603 3000, to get in touch with our medical negligence team.

What is the statute of limitations for filing a medical negligence claim?

Generally, medical negligence claims for adults are subject to a statute of limitations of three years in Victoria. However, there is the potential for exceptions to this limitation period, which is why it is important you seek legal advice from an experienced attorney who can advise you of your rights.

This statute of limitations is why it is important you seek legal advice as soon as possible if you think you may be a victim of medical negligence. At Gordon Legal, we understand that the medical malpractice case process can be overwhelming without a personal injury lawyer. Contact us on 03 9603 3000, to arrange an initial telephone consultation.