What is medical negligence?

You may be entitled to make a medical negligence claim if you have suffered an injury due to the negligence of a healthcare provider, such as a doctor. If a healthcare provider fails in their duty of care to you and the treatment provided falls below acceptable standards, you may be entitled to medical negligence, medical malpractice or medical mismanagement compensation. Regardless of where you were injured, our medical negligence lawyers who are conveniently located in Sydney, Parramatta, Liverpool, Penrith and Wollongong can help you.

What does medical negligence compensation cover?

If you suffer an injury arising out of the negligence of a healthcare provider, you may be entitled to compensation for the following:

  • Pain & suffering
  • Loss of earnings
  • Medical Expenses
  • Travel expenses
  • Domestic Assistance
  • Permanent Impairment

operating surgeon in hospital

Examples of Medical Negligence

Common examples of medical negligence include:

  • Treatment provided by your doctor was below the standards
  • The doctor responsible for the treatment failed to or delayed to inform you of the foreseeable risks of the surgery or treatment
  • The treatment caused you to suffer physical or psychological injury
  • You were provided with the wrong health care products or services
  • You were provided with false diagnoses and misleading blood test results, x-ray results or wrong medications
  • Cosmetic Surgery malpractice

Keep in mind that these are just some of the most known cases of medical negligence and there are many more forms of medical negligence.


How Can I Make a Medical Negligence Claim?

In New South Wales, you must lodge the initiating claim within three years of the date of the injury. If you intend to bring a claim out of time, you may be eligible for time extensions. You should arrange to see a medical negligence compensation lawyer who can provide you with advice in relation to any rights you may have for medical negligence compensation.


Duty of Care

All healthcare providers owe a duty to exercise reasonable care and skill when providing treatment and medical advice to their patients. Healthcare providers have a legal obligation to take reasonable care when doing something or when choosing not to do something that could foreseeably cause harm or loss to patients, who the health care provider should reasonably have in contemplation.

Duty of care is usually easily made out in relationships between healthcare providers and patients. Generally, it is a recognised relationship at law where a duty of care is owed.  It can be more complex when trying to establish that a duty of care is owed to third parties such as parents of the patient.


Acceptable Standard of Care

You must demonstrate successfully that the healthcare provider fell short of the way in which a reasonable person in the position of the defendant would have behaved.

The reasonable standard of care to be met by professionals is that of an ordinary person exercising and professing to have that skill. A healthcare provider will not have breached a duty of care in the provision of treatment or service if it is shown that he or she acted in a manner that at the time the treatment or service was provided was widely accepted by the peer professional opinion as competent professional service.

medical assessment

Frequently Asked Questions

Can you make a medical negligence claim after 3 years?

Medical negligence claims should be made within 3 years from the date of injury or from the date you became aware of it. On some occasions though, the time limit might be extended. You should contact a medical negligence lawyer to seek advice if you intend to bring a claim out of time.

How long does a medical negligence claim take?

The complexity of the claim will determine how long the claim runs for. Every situation is unique. However, most medical negligence compensation claims take between 12 months to 18 months to finalise.

How much can you claim for medical negligence?

Many factors come into play when determining the compensation you may be entitled to for a medical negligence claim. Factors such as the degree of the injury, permanent impairment and earning capacity will all impact the amount of compensation you may be entitled to.


No Win No Fee Medical Lawyers

At Withstand Lawyers, our compensation lawyers are confident of their expertise and we will act for you on a No Win No Fee basis. The process of bringing a medical negligence claim can be complex and overwhelming. We will fight for your rights and use our experience and knowledge to maximise your compensation.

We value your time and your trust. If you have suffered an injury due to the negligence of healthcare provider such as a doctor, nurse, hospital or any other professional treatment provider, don’t hesitate to call us on 1800 952 898 to arrange a free initial consultation. Our medical negligence lawyers can gladly visit you at the hospital, home or any other location that you wish in Australia. Our offices are conveniently located in Parramatta and Sydney CBD.

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