Medical Negligence Law
from Specialist Lawyers
Claims for injuries caused by medical errors, misdiagnosis, or surgical mistakes.
Medical negligence injuries compensation. If you believe you, or someone you know, has suffered due to medical negligence, then please complete your free legal enquiry form on the right, or click here.
Medical Malpractice is also known as medical negligence and clinical negligence.
Medical Negligence Claims
In general legal terms, medical negligence may justify a claim demanding compensation for injury suffered by a patient undergoing medical care by a doctor or some other medical professional including GP's, surgeons, specialists, dentists, anaesthetist. Although some patients may take into account filing a medical negligence claim, the truth is that negligence on its own is not sufficient for taking this particular course of action.
There are various situations that may demand filing a medical malpractice claim, and to do that the patient must be aware of the rules and procedures associated with filing such a claim. These official terms may differ according to where the patient lives and where the medical negligence occurred. Deciding whether to take the case to court the patient must follow certain steps, and the most important step is determining whether the patient is able to prove his claims or not.
Every day in hospitals and medical institutions, trained medical professionals make misdiagnoses and mistakes when carrying out procedures, yet these malpractices may often go unnoticed or unreported within Australia. If you feel like you have been subjected to medical malpractice then be sure to seek the advice of a legal representative, such as a qualified medical negligence lawyer who may be able to seek compensation on your behalf. This can be a small way to compensate for the emotional, financial or physical anguish caused by medical negligence.
What situations are suitable for making a medical malpractice claim?
The following situations can give rise to a medical negligence claim:
- Medical malpractice claims can be made when a medical practitioner, such as your doctor, dentist or surgeon causes you harm as a direct or indirect result of their actions. An example of direct medical actions that may cause harm include a misdiagnosis of your medical situation, which may result in mistreatment of prolonging of treatment to the detriment of your health and well being. This can occur when a doctor for example provides you with an incorrect medicine, which you have an allergic reaction to or make you ill.
- Your medical practitioner misinforms or carries out medical procedures without your consent. This could include not informing you of the associated risks of a certain form of surgery and you suffering from those risks. The same applies to mis-prescribing medicines or treatment, which results in physical or emotional pain.
- The medical practitioner does not give adequate care or treatment to the patient within a reasonable time frame. This could include not offering surgery on a ailment that ultimate leads to further medical complications. Failure to recommend any treatment may cause further harm to the patient.
Examples of treatment which may be considered negligent (depending on the circumstances of the case):
- failing to diagnose a condition;
- failing to provide the appropriate treatment for the condition;
- failing to refer to a specialist;
- delay in diagnosis;
- failing to advise of risks associated with treatment;
- failing to perform surgery with reasonable care and skill;
- failing to report correctly on test results;
- failing to provide post-operative care with reasonable care and skill.
Without a background in medical law, it may be difficult to understand if your doctor for example has acted negligently, which is why you should seek professional advice before filing a claim for medical malpractice.
What is the process of claiming medical negligence?
You should first establish that medical negligence has occurred, which can be validated by seeking a second opinion from a qualified medical practitioner or seeking the advice of a medical malpractice lawyer. This can help to validate your claim that medical malpractice has occurred. The lawyer will also help to ascertain whether or not you have a case for filing for medical malpractice and if you have a chance of winning, given your circumstances and the actions of the medical practitioner.
If you believe you have a medical negligence matter then please complete you free legal enquiry form on the right, or click here.
To successfully get a medical malpractice claim to court, you will need to ensure that beyond reasonable doubt, the medical practitioner has not performed their duties to the fullest, which can be made more simple with professional help.
To seek professional help, please complete you free legal enquiry form on the right, or click here.
With professional help, your medical malpractice claim will have the greatest chance of being resolved, with the best possible outcome, without litigation. Also, With professional help, your medical malpractice claim will be more likely to succeed in a legal hearing. You health and well being is of utmost importance, so be sure to make a medical malpractice claim if you feel you have been treated in a negligent manner by a health care professional.
If you believe you have a medical negligence matter then please complete you free legal enquiry form on the right, or click here.
SOME FURTHER GENERAL INFORMATION REGARDING MEDICAL NEGLIGENCE
What is medical malpractice and what must be proven?
Medical Negligence is where an injury or death was caused by the negligence of a medical professional. Doctors, nurses, dentists are expected to act professionally and ethically at all times. Sometimes however medical professionals, like anyone, make mistakes. They may make poor judgments because of being tired and overworked or in a situation where they are under-qualified.
In a short explanation medical malpractice is when a doctor, surgeon, nurse, dentist, medical facility or hospital does something to a patient under their care that ends up harming the patient due to negligence, hence the phrase "Medical Negligence".
Whatever the reason if you or someone in your family have been injured or died by medical treatment then you may be entitled to compensation.
To find out if you have a Medical Negligence Claim please complete your free Legal Enquiry Form.
Health care providers, doctors, nurses, dentists and other medical practitioners must provide treatment and advice that is in accordance with a reasonable standard of care. If your health care provider or general practitioner fails to take “reasonable care” then they have breached their duty of care to you. Failing to take reasonable care, in circumstances where the health care provider could or should have foreseen that their actions could injure you, is medical negligence. If you have suffered from medical negligence, then you may be entitled to compensation for your injuries, disabilities, suffering and loss. Please complete our FREE online Legal Enquiry Form, to discover the compensation you could be entitled to.
To find out if you have a Medical Negligence Claim please complete your free Legal Enquiry Form.
Generally speaking, to establish medical negligence, it must be proven that:
- The doctor owed the patient a duty of care;
- The doctor breached that duty of care by some act or omission;
- This act or omission has caused the patient physical and/or financial harm.
1. Duty of care.
Because of the dependence upon the health care practitioner for physical and mental care and well-being of the patient, the law has established that he/she owes the patient a "duty of care". This is based on the principle that a person must take reasonable care to avoid acts or omissions which would be likely to harm any person they ought reasonably foresee as being so harmed. If they fail to do this, a healthcare or general practitioner may be liable in a civil action for negligence.
2. Breach of Duty of Care.
In considering whether one has breached a duty of care, the courts look at the standard of care which would be reasonably expected from a person acting in the defendant's circumstances, in the capacity in which the defendant was acting (eg as a doctor, nurse, dentist etc).
Healthcare practitioners do not have to be perfect, but have only to exercise the skill that a reasonable practitioner professing the skills in question would be expected to exercise in the circumstances. To help the court make an assessment in this regard, expert witnesses (other healthcare practitioners experienced in the field) are called to give their opinion as to whether the actions in question were in fact reasonable under the circumstances.
It is impossible to set out a comprehensive explanation of what is a reasonable standard of care that covers every possible health care situation in one statement. Each case must be considered on its own merits.
To find out if you have a Medical Negligence Claim and the potential compensation entitlements you could receive, please complete your free Legal Enquiry Form, or click here.
3. Damages
A plaintiff must show that he/she suffered from harm, and that the harm was caused by the defendant's act or omission. Just as one can cause harm to another, but will not be liable at law if he or she was not negligent, a person can be negligent, but not be liable at law if no damage as been caused.
In law, the amount of compensation granted as a result of a successful negligence action is referred to as "damages".
Damages may be awarded for:
- medical expenses
- cost of appliances or housing alterations for someone with a physical disability
- cost of care and domestic assistance
- loss of income
- general damages for pain and suffering.
- if you have suffered an injury, disability or a worse outcome as a result of:
- medical error
- poor medical treatment
- delay in diagnosis
- wrong diagnosis
- wrong treatment and/or medication
- loss of a chance at a better outcome
From a doctor, nurse, dentist, hospital or other health professional, then you may be entitled to compensation. If you have lost a loved one as a result of medical error or medical neglect, you may also be entitled to compensation.
Do not delay in seeking legal advice as strict time limits apply to the making of compensation claims.
To find out if you are entitled to compensation for medical negligence, please complete your free legal Enquiry Form, or click here.
What should I do if I or a loved one feels they have experienced medical malpractice?
If you feel that you or someone that you love has been a victim of this then the best thing that you can do is to make sure that you speak with a medical negligence lawyer, as soon as possible. Click here to be put in contact with a specialist Medical Negligence Lawyer and find out whether you might have a case against the doctor or hospital.
What should I expect from a medical negligence claim?
There really isn't any set thing that you should expect as each case is unique. The outcome will depend on exactly what happened, what you are asking for and what the doctor or hospital chooses to do. Many times the doctor or hospital will do whatever they can to try and make sure that the matter gets settled out of court. The reason is that they simply don't want to get any bad press for going to Court. This can often be good for the person that was the victim as it will help them to move on faster. The thing that you need to remember is that the amount that you will get and the process in which you much go through will vary from case to case.
If you believe you have a medical negligence matter then please complete you free legal enquiry form on the right, or click here.
Links to Further Resources - Medical Negligence Law
Additional Information - Medical Negligence Law
The most common types of medical negligence you can claim compensation for.
What is a medical negligence claim for compensation?
Claiming Medical Negligence - Medical Negligence Claims
Do you have a Medical Negligence Claim?
To understand what a "medical negligence claim" is one must look at the meaning of each word in turn.
"Medical" - this refers to the medical and dental professions. It includes doctors, consultants, nurses, dentists, the ambulance service and all other medical treatment providers, medical practitioners and health care professionals.
"Negligence" - for example: in the medical profession this means that a doctor acted with skill at a lower standard than that which would normally be expected of a doctor.
When it comes to diagnosis - a doctor must show that he acted in accordance with a respected group of medical thought to avoid being negligent. It does not mean that he has to have acted with the only group of medical thought as there are likely to be several.
"Claim" - this can be a claim for compensation for personal injury (damages), financial loss or both.
So a "medical negligence claim" is a claim for compensation for mistakes made by the medical professionals.
If you believe that you have a medical negligence claim, then please complete your free legal enquiry form to request help from a lawyer. Click here to complete your free legal enquiry form.
What are the different types of medical negligence you can claim compensation for?
There are many different types of medical negligence you can claim compensation for including:
Birth Injury
Compensation can be claimed for a child born disabled due to incorrect administering of drugs to the mother prior to birth or due to an error made during the birth itself.
Hospital negligence
There are many mistakes that a hospital can make that can lead to injury. For example - if you went into surgery with a failing kidney and by mistake the hospital removed your healthy kidney you are entitled to compensation.
Negligence on the part of doctors, nurses and health care professionals in hospitals can result in patient injury and even death. Injury caused by medical mistakes in hospitals can lead to future health concerns, additional hospital bills and unnecessary emotional distress.
Dental negligence
For example - a dentist who misinterprets your x rays leading to a healthy tooth being removed.
Negligent medical advice
For example - if a doctor does not warn you correctly about the risks of an operation and something goes wrong you may be entitled to compensation. Had you known the real risk of the operation you may not have consented to it taking place.
Negligence nursing
Nurses are as much a part of the medical profession as doctors so their mistakes can equally lead you to having a claim for compensation.
Sterilisation failure/ failed abortion
A compensation claim can be made for the birth of a child that was not planned. Had the sterilisation or alternatively an abortion been performed correctly the a child would not have been born.
Battery
If you are operated on without giving consent - your person is invaded which is known as battery for which you are entitled to claim compensation.
As soon as you suspect you have suffered personal injury due to medical negligence there are some important steps you should take.
If you believe that you have a medical negligence claim, then please complete your free legal enquiry form to request help from a lawyer. Click here to complete your free legal enquiry form.
Negligent diagnosis
When visiting a doctor, a patient expects that the symptoms presented will prompt the proper diagnosis, leading to a successful treatment and recovery. Health care professionals have a responsibility of providing a standard of care that promotes the well-being of the patient. Unfortunately, negligence on the part of the doctor could lead him or her to misdiagnose a condition, creating additional health concerns for the patient.
In some cases, a completely wrong diagnosis is given based on symptoms that may be similar to the actual condition. In these cases, a doctor may have performed an inadequate examination and made a diagnoses based on negligent findings. This can result in the prescription of unnecessary drugs (medication errors) and also allows the misdiagnosed condition to go untreated.
Another case of misdiagnosis occurs when a secondary condition goes undetected and an inadequate or incorrect drug is prescribed. In cases of both wrong diagnosis and undetected secondary conditions, a risk of harmful reactions to incorrect drugs is possible, and an untreated condition can result in further medical deterioration or even death.
Delayed diagnosis occurs when a condition is overlooked as a result of a negligent examination, allowing the condition to worsen before it is detected. This could lead to increased illness and a more complex treatment method when the condition is finally detected.
If you believe that you have a medical negligence claim, then please complete your free legal enquiry form to request help from a lawyer. Click here to complete your free legal enquiry form.
Surgical errors
Negligence can lead to infection or surgery on the wrong body part or the wrong patient.
Cosmetic Surgery
Cosmetic surgery is performed to alter a person’s appearance. Reconstructive surgery also is considered cosmetic surgery but is performed to correct disfigurement.
With cosmetic surgery, negligence can occur, causing physical and even life-threatening side effects.
Medical malpractice in the field of cosmetic surgery can occur when unqualified doctors perform what are seemingly simple cosmetic procedures.
Prescription Errors
Medication errors are among the most common medical errors, causing injury and even death. Types of hospital medication errors include:
- Miscommunication of drug orders (e.g., confusion over drugs with similar names, confusion based on prescription labeling)
- Inappropriate labeling during packaging
- Lack of proper drug information
- Incomplete collection of patient information
Medication errors can occur throughout the medical profession within the process of providing prescription or non-prescription drugs to patients. The physician has the responsibility of staying knowledgeable about the medications he or she is prescribing. A pharmacist is expected to dispense the correct drug in correct doses. Nurses must know enough about medications to identify inaccurate prescriptions or dangerous drug combinations.
If you believe that you have a medical negligence claim, then please complete your free legal enquiry form to request help from a lawyer. Click here to complete your free legal enquiry form.
Other Medical negligence related topics and issues also include:
• Medical negligence claim process
• Funding a medical negligence claim
• Orthopaedic injuries
• Medical negligence in hospitals and surgery practices
• Medical negligence and dentists
• Delayed cancer diagnosis and medical negligence
• Incorrectly delivered drugs and medical negligence
• Obstetrics and medical negligence
• Neonatal conditions
• Surgical errors
• Obtaining health records
• Making a complaint
• GPs and medical negligence
• Misdiagnosing breast cancer
• Medical negligence and lung cancer
• Medical negligence and cosmetic surgery
• Brain hemorrhages
• Medical negligence & misdiagnosis
• Medical negligence & hygiene
• A prescription for medical negligence
• Psychiatric medical negligence claims e
• Drug trials gone wrong
• Medical negligence and the three-year claims limit
• Medical negligence costs
• Medical negligence claims for failed sterilisation
• Medical experts for negligence claims
• Osteopaths, chiropractors and medical negligence
• Health Care complaints
• Medical negligence and cerebral palsy
• Common medical errors
• Medical negligence and the 'eggshell skull'
• Lacking out-of hours care to medical negligence
• Step-by-step complaints procedure
• Medical negligence - giving evidence
• Medical negligence compensation and blood loss
• Instinct and medical negligence claims
• Avoiding medical negligence
• Fewer dentists, more medical negligence claims?
• Medical negligence compensation and doctor qualification
• Medical negligence solicitors and anaesthetic awareness
• Free eye tests, not medical negligence
• Medical negligence compensation
• Laparoscopic medical negligence compensation
• Medical negligence compensation
• Junior doctors and clinical negligence
• DVT medical negligence compensation
• Personal injury solicitors for botched cosmetic surgery
• Cosmetic surgery risk in spotlight
• Medical negligence and child hearing loss
• Bedsores and medical negligence
• Medical negligence claims and alternative referrals
• Medical negligence compensation and food hygiene
• Medical negligence compensation and doctor drug use
• Plastic surgery
• Medical negligence compensation and celebrity payouts
• Medical negligence and necrotising fasciitis
• Medical negligence and secondary vicitms
• MRSA medical negligence aims stated
• Medical negligence claims
• Meningitis and medical negligence
• Clinical negligence and methadone withdrawal
• Clinical negligence and Crohn's disease
• Medical negligence and steno
• Medical negligence compensation for "harvesting"
• Hospital delusions and clinical negligence
• Medical negligence, brain injury and hypothermia
• Bone cancer medical negligence claim
• Subarachnoid haemorrhage medical negligence claims
• Medical negligence and cosmetic laser treatment
• Kidneys and medical negligence compensation
• Pseudonomas aeruginosa and medical negligence
• Medical negligence in outsourced procedures
• Medical negligence and vermin in hospitals
• Epilepsy misdiagnosis and medical negligence compensation
• Medical negligence and hospital death rates
• Cancellations and clinical negligence solicitors
• Medical negligence claims for cancer
• Private sector medical negligence claims
• Clinical negligence, trauma patients and delays
• Medical negligence and alcohol gel
• Clinical negligence and recycling drugs
• Medical negligence and capital concerns
• Medical negligence and financial management
• Consent forms and medical negligence
• Medical negligence and hysterectomy
• Medical negligence compensation case after misdiagnosis
• Medical negligence compensation and robots
• Medical negligence compensation and the checklist
• Accreditation for medical negligence claims
• Hospital in medical negligence claim over bowel misdiagnosis
• Medical negligence the zero tolerance approach to hygiene
• Medical negligence claim against German hospital
• Medical negligence claims and long-term liability
• Cruise ship injury and the medical negligence solicitor
• Medical negligence claims and Scotland's waiting times
• Keep medical negligence claim records
• Medical negligence claims and ECT-narcosis
• Medical negligence and C. diff difficulties
• Medical negligence and radiotherapy
• Misdiagnosis medical negligence claim
• Medical negligence solicitors and drug deaths
• Medical negligence claim system proposals
• Medical negligence claims and hygiene reminder
• Medical negligence and never events
• Medical negligence and accepting the inevitable
• Medical negligence over DVT misdiagnosis
• Medical negligence
• Medical negligence compensation and learning disability
• Lost notes in medical negligence claim
• ENT and medical negligence
• Medical negligence compensation and "appalling" hospital
• Clinical negligence doctor to patient HIV
• Clinical negligence and aortic dissection
• Compensation for clinical negligence and infertility
• Medical negligence and peritonitis
• Medical negligence misdiagnosis alarmingly common
• Medical negligence and still births
• Care complications and clinical negligence solicitor
• Medical negligence claims and tracheotomies
• Medical negligence and wrong drugs
• MRSA and other infections
• Medical negligence and holidays abroad
• Scheme for vaccine compensation
• Medical negligence claims the "perfect storm"
• Medical negligence claim and A&E
• Clinical negligence claim for diagnostic mistake
• Surgical error scenarios
• Finding a medical negligence lawyer
• Clinical medical negligence and swine flu
• Cancer misdiagnosis and medical negligence
• Medical negligence and misdiagnosed back pain
• Medical negligence lawyers and the contaminated blood bill
• Compensation for medical negligence and bedsores
• Medical negligence claim and birth injury
• Compensation for surgical error and 7 inch forceps
• Medical negligence claim and gastric bands
• Compensation for medical negligence and pressure sores
• Meningitis and medical negligence claim
• Spinal injury claim and compensation
• Medical negligence and admitting liability
• Metacarpophalangeal articulation compensation
• Medical negligence and misdiagnosis
• Clinical negligence claim for surgical error
• The meaning of negligence in a medical claim
• Hospital claims caused by A & E blunders
• Negligence claims and the vuvuzela
• Compensation for delayed appendicitis surgery
• Medical negligence solicitor helps with care issues
• Clinical negligence and the coroner
• Medical negligence and dirty laundry
• Stomach ulcer clinical negligence claim
• Medical negligence and misuse of technology
• Medical negligence claim and post op infections
• Medical negligence solicitor's advice on misdiagnosis
• Legal professionals for a clinical negligence claim
• Surgical errors and clinical negligence
• Clinical negligence and mental patients
• Complaints about midwife negligence
• GP medical negligence and meningitis
• Sepsis in clinical negligence claims
• Medical error and botox
• Hip dysplasia in a clinical negligence compensation claim
• More Never Events in medical negligence list
• MRSA farm claim
• Medical negligence solicitor aids skin cancer victim
• Misdiagnosis compensation for cancer errors
• Medical negligence compensation for blood clots
• Misdiagnosis claim and rare diseases
• Accident claim online for clinical negligence
• Left-right confusion surgical error compensation
• Medical negligence compensation after cosmetic dentistry
• Medical negligence compensation slow and inefficient
• Surgical error compensation liability after sterilisation
• Compensation for medical negligence and WHO checklist
• Clinical negligence over heartburn and heart attack
• Men, women, cosmetic surgery and negligence
• Men, women, cosmetic surgery and negligence
• X-ray medical negligence claims
• Having twins and medical negligence claims
• A medical negligence claim and nil-by-mouth status
• Medical negligence claim for athletes and actors
• Wrong site surgery claim for compensation
• Lack of medical care could lead to medical negligence claims
• Clinical negligence compensation and ambulances
• Never-ever clinical negligence
• Advice on pre-eclampsia tests and medical negligence
• Medical negligence lawyers for incorrect injection
• Medical negligence consequence of laser eye surgery
• Clinical negligence compensation solicitor for infant death
• Wrong site surgery claim and technology
• Negligence compensation for amputation
• Medical negligence claims and taxpayer money
• Pressure sore prevention and medical negligence solicitors
• Medical negligence lawyers and iatrogenesis
• Surgical error compensation after keyhole surgery
• Misdiagnosis and Lyme disease
• Bromine poisoning claims
• Tonsil-related medical negligence solicitors
• Penile surgical error compensation case
• Medical negligence and laser eye surgery
• Risks behind the removal of tonsils
• Surgical error compensation and counterfeit mesh
• A brachial plexus injury caused at birth or in later life
• Making a GP claim
• Anaesthetist clinical negligence
• Industrial injury compensation for loss of loved one
• A medical negligence lawyer could help you with your claim
• Information about spinal cord injury treatments
• Clinical negligence solicitors for families and patients
If you believe that you have a medical negligence claim, then please complete your free legal enquiry form to request help from a lawyer. Click here to complete your free legal enquiry form.
Types of medical negligence injuries
If you believe you have suffered an injury or illness as a result of negligent medical treatment, please complete your free legal enquiry form to request legal help from a medical negligence lawyer.
Medical negligence can lead to injuries, illness or even death, all of which can be claimed for. The types of injuries that can be claimed for are wide ranging however the more common include:
- Brain injuries including cerebral palsy and child brain injuries
- Pregnancy and maternal injuries
- Spinal injuries
- Amputation injuries
- Orthopaedic injuries
- Surgical injuries
- Cosmetic surgery injuries
- Bowel injuries
- Exacerbation of illnesses, such as cancer, by poor or late diagnosis
- Illnesses caused by poor standards of hygiene such as MRSA
- Musculoskeletal injuries due to poor orthopaedic surgery
- Nursing and care home abuse
Clinical negligence can seem daunting because it is a highly complex and specialist area of law. We have medical understanding as well as legal knowledge, and the ability to empathise with people who have been injured by negligent treatment.
This is a specialist area of law, specialist solicitors are much more likely to make an accurate assessment of the chances of success in claiming compensation for medical negligence and to get the best result for their clients.
Medical Negligence lawyers have experience and expertise in all types of medical negligence claims - in particular, claims against government hospitals, private hospitals, GPs, dentists, physiotherapists, osteopaths and most other healthcare professionals.
Medical Negligence claim include:
- Amputations
- Arterial damage
- Birth injury
- Brain injury
- Bladder and urogenital system injuries
- Bowel injury
- Cauda equina syndrome
- Cerebal palsy syndrome
- Compartment syndrome
- Consent
- Court of protection
- Death and fatal accidents
- Delay in diagnosis for appendicitis
- Delayed cancer diagnosis
- Dental negligence
- Eye surgery
- Gall bladder surgery
- Gynaecological
- Incorrect interpretation of X-rays and scans
- Infections including MRSA
- Joint replacements
- Missed broken bones, delay, issues
- Needlestick injuries
- Nerve damage
- hospital complaints
- Personal injury trusts
- Plastic or cosmetic surgery
- Poor nursing care
- Prescription errors
- Product liability
- Pulmonary embolism and deep vein thrombosis
- Spinal cord injury
- Surgical items left in patients following operations
- Testicular torsion
- Undiagnosed, misdiagnosed or misdiagnosis of benign tumours
- Wrongful birth and conception
If you believe you, or someone you know, has a medical negligence claim, then please complete your free legal enquiry form to request help from a medical negligence lawyer.
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