What is medical negligence & how to start a medical negligence 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.
Of course, not all instances of a “bad outcome” from a medical procedure are not always negligent. It is important to recognise that errors can sometimes occur and that doctors do not always act perfectly. Where negligence does occur is when the medical professional has not taken “reasonable care” when advising or treating the patient.
If you have suffered physical, financial or psychological harm as the result of medical negligence, 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 medical 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 professionals 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 medical negligence case. If your medical negligence expert believes you have a case they will carry out an investigation, obtaining medical reports and medical records. From here an independent medical expert’s opinion will be sought and a claim lodged.
Are there time limits medical negligence claims?
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.
How to prove medical negligence?
Proving medical negligence is no easy task. When you visit a medical professional, you are trusting that practitioner to provide you with the best care possible. In order to be successful in a claim, you will need to prove that:
- The healthcare provider owed you a duty of care
- The healthcare provider acted in a manner that was negligent and breached the duty of care
- Your injury was directly caused by this negligent behaviour
Explore our guide on how to prove medical negligence and make a successful medical negligence claim.
Start your medical negligence claim
If you believe you’ve been severely impacted as a result of medical malpractice, we can help. Our expert medical malpractice team will be able to assess your case and help you receive the medical negligence compensation you are entitled to.
We also have you covered with our No Win No Fee policy so you don’t have to worry about not having the finances to have your case heard. Contact us today on 1800 455 725 to arrange a consultation with a medical negligence lawyer today.