Medical Negligence

You may be able to make a claim for compensation if a healthcare provider causes you an injury while in their care.

Medical negligence is a broad and complex area of law. Medical negligence or medical malpractice is the failure from a health-care provider, including GPs, dentists and specialists, to treat you with reasonable skill and care, causing you an injury as a result.

Medical negligence matters can take many forms, however common examples include:

  • Misdiagnosis or delay in a diagnosis
  • An error occurring during surgery
  • Anaesthesia errors
  • Injuries sustained during birth, including stillbirths and neonatal deaths
  • Cerebral palsy claims
  • Failure to refer for investigations, specialist advice or emergency treatment
  • Defective medical products

To prove medical negligence has occurred, it must be shown that the treatment received fell below the standard of care and skill that a reasonable professional would have provided in the same circumstances. It must also be shown that your injury would have been avoided if your care had been appropriate.

If you’ve suffered an injury as a result of medical negligence, you may be able to claim compensation for the following:

  • Pain and suffering
  • Loss of enjoyment of life
  • Past and future medical expenses
  • Past and future professional care costs
  • Loss of past earnings
  • Loss of earnings into the future
  • The commercial value of domestic care provided to you by family

Our lawyers aim to maximise your compensation. We understand that suffering an injury in the course of receiving medical care can be distressing so our lawyers will work with you to fully understand your situation, advise you of your rights to compensation and keeping you advised as the case progresses and obtaining the right evidence to properly investigate and pursue your case on your behalf.

Time limits vary under the different state and federal laws. In most cases, you need to take legal action within three years of the injury. If your medical negligence claim is for a child, time limits can vary more and differ between states. The timeline for your medical negligence claim may be shorter or longer depending on the case, so it’s best to contact a personal injury lawyer as soon as possible to be properly informed. Extensions of time limits are sometimes possible.

If you need any assistance contact one of our lawyers at [email protected] or call 02 9790 7000 for a no-obligation discussion and for expert legal advice.