Help when you need it most.
Everyone has the right to expect professionalism and care from their healthcare provider. If you believe you’ve been injured by a medical professional, you might be entitled to claim compensation for your injuries.
Suffering medical negligence can be extremely distressing. It is not unusual for patients to have difficulty identifying an injury caused by their medical or other healthcare provider, particularly if their treatment has been complex and involved long periods of hospitalisation. Often what patients articulate is a “sense of wrongness” about their treatment. If you believe that your medical treatment has compromised or significantly impacted the outcome that you expected, have suffered that “sense of wrongness” or believe that you have been injured by your healthcare provider, we may be able to help.
Generally, health care in Australia is of a high standard; however, sometimes things go wrong. Failure to provide reasonable medical care to a patient is called medical negligence. It may be a result of the conduct of a doctor, hospital or other health professional.
This area of law can be complex and difficult to navigate, so if you believe you may have a claim, you should contact one of our expert lawyers on 1800 21 22 23.
What’s involved in Medical Negligence claims?
Can I sue my doctor for negligence or misdiagnosis?
In order to sue for damages, you must demonstrate that you have suffered loss caused by negligence. Proving medical causation is often the most complex part of a medical negligence claim. This falls into three categories:
- Breach of duty: Hospitals, doctors, nurses and allied health professionals owe their patients a duty of care and reasonable standard of care when providing medical services. If they breach this standard of care and cause damage or loss to a patient, they may be liable for this damage.
- 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, eg. if, regardless of negligent medical treatment, your condition, disease or disorder would have deteriorated and resulted in the same outcome, then there is no injury, loss or damage caused by the negligence of the healthcare provider. This can be a very nuanced and complex question, and 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.
It’s important to note that not all undesirable or adverse 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 negative outcome, ask your doctor for more information regarding why this has occurred. An apology is not an admission of guilt, yet health professionals are often reluctant to apologise to patients.
Medical and Health Care providers are required to hold Medical Indemnity Insurance to cover any losses if a claim is made against them.
Medical negligence and medical malpractice cases are highly specialised areas of the law. Making a medical negligence claim requires an expert lawyer with years of experience.
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. We work with you to achieve the compensation that you deserve to help you rest, recuperate and recover.
How do I prove Medical Negligence?
What can I claim compensation for?
How long do I have to make a claim?
What’s involved in the investigation?
Will I have to go to court?
Medical Negligence Experts
Paul is one of the most experienced and successful personal injury litigators in Australia, having obtained many millions of dollars in compensation for clients. Paul ran one of the largest medical negligence practices in Australia. He has been instrumental in building our firm and continues to mentor our lawyers and their cases to ensure our clients have the benefit of his decades of experience. Paul is also a Director for several companies.