Medical Negligence

Medical negligence happens when medical treatment falls below an acceptable standard, causing you serious harm or injury as a result. Doctors have a duty of care to exercise reasonable care, skill and judgement when examining, diagnosing, treating and advising you. If they breach that duty, they may be liable for any harm caused, and you may be able to claim for compensation.

Medicine is complicated, and medical negligence is a complex area of law. Any potential claim must be investigated thoroughly. It can be a complicated process, especially when the negligence may have resulted in the serious injury or death of a loved one. Barbante Personal Injury Lawyers offer a sensitive, personalised service, could make this process easier for you. 

Medical negligence can include:

  • Failure to perform surgery or provide post-operative care with reasonable care and skill
  • Delay in diagnosing or providing the appropriate treatment or referral
  • Failure to provide the proper treatment or referral
  • Incorrectly prescribing or administering medication
  • Misdiagnosis or failure to diagnose a condition
  • Cerebral palsy caused by medical error
  • Making an existing condition worse
  • Incorrectly reporting test results
  • Medical errors during childbirth
  • Stillbirths and neonatal deaths
  • Anaesthesia errors
  • Defective products
  • Surgical errors

Time limits on medical negligence claims do apply, so it's best to contact us as soon as possible for information specific to your case.

Frequently Asked Questions

The process of your claim

Each medical negligence case is unique due to the medical facts and legal implications. However, there is generally a set of steps that occur within each claim. Our dedicated team at Barbante Personal Injury Lawyers will guide you through each of these steps by ensuring that you get the best possible outcome for your case. 

  1. Contact Us We will listen to your case and give you information to help you decide on the best course of action for your case. 
  2. Meet with your lawyer This is a free initial appointment that will provide you with the opportunity to tell your story. From this appointment, we will gather the merits of your case and discuss the options available to you.  
  3. Collect and review medical evidence We will obtain your medical records to understand the nature of your injury and the effect it has had on your life. 
  4. Obtain expert evidence It is necessary to gather further evidence from an independent medical expert in which they will comment on the standard of care you received. 
  5. File Court Documents Once we have gathered sufficient medical evidence that supports your case, we will then proceed to lodge court proceedings on your behalf. 
  6. Resolution Generally, most medical negligence cases are resolved at a pre-trial settlement conference, preventing the need to go to court. In the rare event that parties are unable to reach a settlement, the case will proceed to trial. It is ultimately your decision if you wish to take your case to trial. Our team at Barbante Personal Injury Lawyers will provide you with advice and support throughout every step within the legal process. 

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