Medical negligence includes surgical mistakes such as when something goes wrong during, immediately after, or as a result of surgery that could have been prevented. If you are injured as the result of a medical operation, you may be entitled to compensation for your physical, psychological or financial suffering. Our medical negligence lawyers can assist you on a No Win No Fee basis!
Surgery is a highly specialised field of medicine, and each procedure comes with its own set of risks. Even though surgical care in Australia is typically at excellent quality, things sometimes go wrong. Even when exceptional medical competence and attention are provided, problems may occur. However, if your healthcare provider fails in their duty of care and the operation provided falls below acceptable peer standards, you may be eligible to claim medical negligence compensation. Operation gone wrong claims are assessed under medical negligence claims, and our experienced medical negligence lawyers can help you receive maximum compensation for your claim.
Am I eligible?
If the treatment that you received was below the acceptable standard that caused you an injury, you may be entitled to claim compensation for your injuries within 3 years whether your eye, nose, hair or breast operation has gone wrong.
What are my entitlements?
If you are injured as a result of an operation that has gone wrong, you may be entitled to:
How to claim?
You can call Withstand Lawyers once you discover your injury to start the legal process on a No Win No Fee basis. Alternatively, you can obtain the clinical report of the operation that caused your injury, consult another medical specialist for a medical assessment to find out whether the healthcare provider breached the duty of care and if so request evidence as to negligence and the consequences of that negligence on your future. It is usually more efficient and cheaper for you to settle with the other side without commencing court proceedings. However, if you are not being offered what your claim is worth then you should seek our legal advice as to the reasonable prospects of success in commencing court proceedings.
As medical negligence claims are complicated, it’s beneficial to get the best legal assistance and retain the services of a medical negligence lawyer as soon as possible.
How long does it take?
In Australia, medical malpractice claims generally take more than a year to be resolved. This is due to the fact that claims require various documents, and the claimant may need to wait until injuries have stabilised before commencing a claim for their operation which has gone wrong.
Once our lawyers understand the details of your situation, we can provide a more accurate estimate of the time that your claim may take to resolve. In NSW, you have three years from the time of damage or diagnosis to commence court proceedings. Even if you’ve run out of time, you can talk to our medical malpractice lawyers for your claim and to seek their advice as to whether you can still commence court proceedings which can sometimes occur, depending on the circumstances to determine if a reasonable explanation is available.
Frequently Asked Questions
Any operation which leads to an injury due to a healthcare provider’s negligence can be subject to medical negligence claim such as:
- Surgical operation of the wrong body part
- Cosmetic surgeries that cause permanent scarring
- Infecting the surgical site or the area around it
- Performing surgery that is neither recommended nor required that causes injury
- Resulting in injury to a portion of the body that was not involved in the procedure
- Inability to properly complete the surgical operation
- Resulting in unnecessarily disfiguring the surgery site or causing nerve damage
- Anaesthetic mishaps and accidents
- Leaving instruments within a patient, such as a clamp or a medical swab
You may claim compensation benefits due to a doctor, surgeon, hospital, or clinic’s medical malpractice.
If you have suffered a permanent injury due to a medical operation which is conducted by a surgeon, then, yes you may sue your surgeon to claim your entitlements. Please note that your surgeon’s treatment would need to be considered negligent by other surgeonsfor you to have reasonable prospects of success.