If you have been injured by a medical professional or facility, you may be able to make a claim for compensation.
What is medical negligence?
Medical negligence occurs when treatment from a medical professional or facility falls below an acceptable standard. Australian law recognises that sometimes medical treatment is unsuccessful and injuries occur. This doesn’t mean negligence has occurred. Negligence is more than a simple mistake. It involves treatment falling below the standard of care reasonably expected from that medical professional or facility.
What are some common examples of medical negligence?
Some common situations where you may be able to make a claim include:
- Failure to correctly diagnose a condition, whether fully or partially
- Correctly diagnosing a condition but not in a timely manner (for example, after a diagnostic test like a blood test or a pap smear)
- A failure to advise of risks involved in a treatment or surgery
- A failure to perform a medical procedure with reasonable care and skill
- Errors in prescriptions or medications (such as giving the wrong medication)
What is required to make a medical negligence compensation claim?
Medical negligence is a complex area of law but generally, our lawyers will need to prove that:
- There was negligent medical treatment, and
- The negligence was directly responsible for the injury or harm you have sustained. You cannot make a compensation claim if you have not suffered harm or injury as a result of the negligence.
What can I receive compensation for?
If you are successful in your claim, you may be entitled to compensation for:
- Pain and suffering and loss of enjoyment of life
- Past and future loss of earnings
- Past and future medical and treatment costs
- Past and future care you may require as well as any other needs like wheelchairs or home and vehicle modifications
Who pays the compensation?
All registered medical professionals are required to be covered by professional indemnity insurance (PII). In the event of a claim for compensation, it is the insurance company that pays the compensation and not the medical professional.
How much will it cost to make a medical negligence claim?
We offer a No Win, No Fee* arrangement for medical negligence claims because we believe anyone with a claim deserves access to legal representation, no matter their financial circumstances.
This means you don’t have to pay our legal fees unless your claim is successful.
For more information on our guarantee to you, don’t hesitate to contact us for a confidential and obligation-free discussion.
Are there any time limits to medical negligence claims?
Yes, strict time limits apply. If you do not lodge a claim within the specified time period, you may need the court’s permission to do so. It is best to seek legal advice as soon as possible to ensure your rights and interests are protected.