Guide to Medical Negligence: What is it & how do I make a claim?
In Australia, we are very lucky to have a good medical system that we can trust and rely on.
In the majority of the time we see medical procedures, advice and detection of diseases and serious conditions are done thoroughly and without any problems. However, in some rare cases, not everything goes without a hitch and patients can become victim to medical negligence.
In many cases, victims of medical negligence do not even know they are a victim of negligence. This leaves victims to live in serious pain for long periods of time and even for the rest of their life. At LHD Lawyers, we are passionate about seeking compensation for these victims and their families. Although compensation doesn’t always help to take away pain, it can help make life easier and get you back on track.
What is Medical Negligence?
The understanding of medical negligence is often misunderstood. Medical negligence, also known as medical malpractice results when a health provider such as a hospital, dentist or doctor performs work or gives medical advice that is below an acceptable standard. Just because your medical treatment or advice hasn’t gone exactly to plan doesn’t mean that negligence hasn’t occurred.
If you have suffered physical, financial or psychological harm as the results of medical negligence then you may be liable to lodge a claim for compensation.
Examples of Negligence
While there are hundreds of cases of negligence some of the most common examples include:
- Failure to provide appropriate treatment
- Failure to report test results correctly
- Failure to perform surgery with care and adequate skill
- Failure to provide proper postoperative care
- Failure to properly diagnose a medical condition
What medical services can medical negligence apply to?
The most common medical services that negligence claims apply to are:
- General Practitioners
- Emergency services
- Medical surgery
- Cosmetic surgery
- Administration or provision of drugs
- Chiropractic services
The area of medical negligence law is extremely complex, which is why it is important to seek advice from a specialist Medical Negligence Solicitor. The Medical Negligence Lawyers at LHD have years of experience and have successfully settled compensation claims against many medical services such as General Practitioners, Dentists and Chiropractors.
How do I make a medical negligence claim?
The first step to make a medical negligence claim is to seek the services of a legal professional. A legal professional will be able to assess your situation and see if you do have a case. If your medical negligence expert believes you have a case they will carry out an investigation, obtaining medical reports and records. From here an independent medical expert’s opinion will be sought and a claim lodged.
The most important thing to consider is time limits. Time limits do apply to medical negligence claims so make sure you seek legal advice as soon as possible. These time limits vary from state to state, so speak to your legal professional who will be able to inform you of the applicable limit.
If you believe you’ve been severely impacted as a result of medical negligence, we can help. Our expert medical malpractice team will be able to assess your case and help you receive the compensation you are entitled to.