Medical Negligence Claims

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If you have been injured or poorly treated by a healthcare professional, you may be eligible to claim medical negligence compensation. Medical negligence covers a broad range of errors regarding the medical setting and medical care received.

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.
  • Misdiagnosis.
  • 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:

  • Surgeons.
  • Doctors.
  • Obstetricians.
  • Psychiatrists.
  • Nurses and other nursing staff.
  • Midwives.
  • Dentists.
  • Pharmacists.

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.

FAQs

How much will it cost me to lodge a medical negligence claim?
Rogalski Lawyers offer a free initial case assessment and have a No Win, No Fee policy. You will only pay for our legal services once a successful outcome has been achieved.
Who will pay the lump sum compensation payment if I win?
Doctors and healthcare professionals are covered by insurance; therefore, the insurer will pay any claim on their behalf.
Do time limits apply for medical negligence claims?
Yes. In Queensland, some claim forms must be lodged within a strict time frame following the incident. There is a three-year time limit from the date of the incident to file court proceedings. Claims made outside this timeframe may be dismissed. Delays in seeking legal representation may mean that you are barred from seeking damages and that you lose a valid claim to compensation.
Does medical negligence only happen in hospitals?
No. Medical negligence can happen anywhere that a healthcare professional is providing care, including, hospitals, doctors surgeries, dental surgeries, home visits, private health clinics, aged care homes, care homes and health spas.
If you believe that you are a victim of medical negligence, contact us to discuss your situation with one of our experienced personal injury lawyers.

Free Case Assessment

Call us today on 1300 848 424 to arrange your no-obligation free case assessment, or fill in our online form.