If you or a family member have suffered an injury caused through the negligence of a medical practitioner, a hospital or any other provider you may be entitled to make a claim for medical negligence. RMB Special Counsel MARGARET CURRAN explains:
You may be entitled to compensation for injury or illness if a “medical practitioner” has:
- Failed to diagnose your condition within a reasonable timeframe.
- Failed to provide medical treatment, follow up care or advice.
- Failed to advise you of the risks associated with treatment including surgical procedures.
- Performed a procedure without your consent.
- Failed to refer you to a specialist for further investigation.
- Misinterpreted or failed to correctly report on your test result; or
- Failed to provide post-operative care with reasonable skill.
A medical negligence claim may be brought against any health care provider or medical professional such as doctors, general practitioners, public and private hospitals, surgeons, dentists, radiologists, nurses and midwifes, pharmacists and allied health care professionals such as physiotherapists and chiropractic.
In order to be successful in such a claim you must prove the doctor/treatment provider owed a duty of care; that duty was breached; the breach was a cause of damage; and an injury was sustained.
If you are able to prove negligence, then you may be entitled damages as follows:
- Non-economic loss – pain suffering and loss of enjoyment of life.
- Domestic care and assistance – including both paid and gratuitous care voluntarily provided by family and friends, and general activities of daily living.
- Medical treatment expenses, past and future – including medications, travel, rehabilitation and hospital costs; and
- Economic loss – if you were employed at the time of injury then any loss of income past and future, loss of annual sick leave and reduction in earning capacity and/or loss of opportunities.
It is essential that if you are considering bringing a claim in negligence that you seek the assistance of a lawyer who is suitably qualified and trained in the conduct of such litigation.
If you or a family member have suffered an injury caused through the negligence of a medical practitioner, or a hospital, your first step should be to contact our office to arrange a free consultation. You can contact us by by phone or our 'Ask a Question' tool on our website.