Compensation for Medical Negligence

Our doctors are relied on to supply us with their knowledge and make sure that we are suitably treated and on the right path.  We trust them to diagnose and advise us and with this we hope that they provide a reasonable duty of care to each patient.  A medical negligence Claim for Compensation is run due to a doctor, medical practitioner, hospital, dentist, midwife, pharmacist, or nurse who does not supply this duty of care upon their patients. 

If you find that you have not been ‘reasonably’ cared for then you should seek legal advice.  To find that a medical provider did not reasonably care for you, you should think about facts such as;

• How did the medical provider fail to provide reasonable care?
• Could the actions by the medical provider have been foreseen?
• Has the medical provider caused an existing injury to worsen?
•  Can you see negligence due to the actions of the medical provider?

During a consultation with a medical practitioner you should always be advised;

• About the risks related to your treatment
• Possible outcomes related to your treatment or condition
• The process of what you have been advised by the medical practitioner
• The choice that has been made by medical practitioner is the correct plan.

You may be entitled to Compensation if you have suffered loss, damage, or injury due to the negligence of a medical treatment provider.  As each State and Territory of Australia does differ, it is necessary to locate a personal injury expert in the state your injury was sustained, to assist with your enquiry and your possible claim.

To understand the medical negligence law you should understand that not every case is found as a viable case.  There must be sufficient evidence provided and support from other practitioners.  Depending on the state you were injured there are requirements that must be met.  Sometimes you may see negligence but the treatment received may be common, therefore other medical practitioners will not agree with the plaintiff as the treatment and procedures are not considered negligent.  They duty of care also my established therefore no negligence would be found.

If you do find that you have a sufficient case then you may be entitled to;

• Economic loss
• Out of pocket expenses
• Past and future medical expenses
• Pain and suffering.

To find out more about your possible medical negligence claim find out your your legal rights and options.  We are here to assist you with and help you get back what you deserve.

Disclaimer: Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal matter you should consult an appropriately qualified lawyer.