Duty of Care
Medical professionals in Australia have a ‘Duty of Care’ and a legal obligation to ensure that they avoid acts or omissions that they would ordinarily foresee and reasonably consider to cause harm to a person.
Medical negligence may include:
- Failure to diagnose a condition.
- Delayed diagnosis.
- Prenatal care and childbirth.
- Surgical mistakes.
- Anaesthesia mistakes.
- Failure to provide the correct advice and appropriate options regarding treatment.
- Incorrect treatment leading to a worsening of the condition.
- Errors in medical documentation, including Doctor’s notes, nursing notes and medical test results.
- Failure to provide ongoing care and management following diagnosis, investigative procedures and treatment which may lead to a deterioration in the patient’s condition.
Who may be liable?
Many people in the healthcare profession could be liable for medical negligence, including:
- Nurses and other nursing staff.
Individuals in the healthcare profession are experts who are well-educated and entrusted with the physical and mental health of those in their care. Healthcare professionals who fail to deliver the expected standard of care to their patients, whereby injuries result may be liable for medical negligence.
Each case is unique, and any compensation claim will be based on the nature of the accident and your personal circumstances. As a general guide, you may be eligible to claim for:
- General damages for pain and suffering.
- Medical expenses that may cover the cost of reparative treatment for injury caused by negligence.
- Rehabilitation expenses.
- Loss of income.
- Superannuation benefits.
- Commercial value of care and assistance costs.
- Out of pocket expenses.
If you believe that you are a victim of medical negligence, please contact us for a free case assessment with one of our experienced personal injury lawyers.