Medical Negligence Law

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:

1. 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.
2. 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.
3. 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:

1. The doctor owed the patient a duty of care;
2. The doctor breached that duty of care by some act or omission;
3. 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

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