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
Can I make a medical negligence claim?
You could be qualified for a medical negligence claim if you have suffered physical, psychological or financial harm due to the negligent treatment you received from your medical provider.
A medical provider can include a hospital, doctor, dentist, pharmacist, nurse, assistant or an allied health provider.
What types of treatment can I make a medical negligence claim for?
You are able to claim the following for medical negligence:
- 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
What type of medical professionals are included in a medical negligence claim?
The following types of medical professionals are recognised:
- Allied healthcare professionals. This includes but is not limited to, chiropractors and physiotherapists
- Dentists
- Doctors
- General Practitioners (GPs)
- Midwives
- Nurses
- Orthopaedic surgeons
- Pharmacists
- Public and private hospitals
- Radiologists
- Surgeons
What must I prove for my medical negligence claim to be successful?
For your medical negligence claim to be successful, you must be able to prove that:
- You endured negligent medical treatment
- The treatment resulted in an injury or some harm that would not have otherwise occurred
There are strict thresholds in medical negligence which set out how severe or significant your injury must be before you can make a claim. We can explain what this means to you once we understand the facts of your particular situation. We know life is stressful enough, so we’ll always keep it simple for you.
The thresholds in a medical negligence case are strict and must be ascertained correctly before your claim can go ahead. Medical negligence is a complex area of law, and we will explain what this means to you once we understand the facts of your particular situation.
At Barbante Personal Injury Lawyers, we know that this can be stressful for you. We will ensure that your claim is explained to you in plain English and provide the support that you need.
Who pays the compensation?
All medical practitioners in Australia are required by the law to have Professional Indemnity Insurance (PII). Therefore, in the event of an accident or injury, the Insurance company that will pay compensation and not the actual person who was negligent in their conduct.
What can I claim?
You could be eligible to claim the following:
- Costs associated with a trustee managing your money
- Home and vehicle modification expenses
- Loss of life expectation
- Paid care and help such as nurses
- Pain and suffering and loss of enjoyment of life
- Past and future loss of earnings
- Past and future medical expenses, such as surgery and equipment
How is the compensation calculated?
The amount of compensation you receive for your injury is based on the harm and/or loss suffered rather than the degree of negligence.
As a result, the monetary value of the compensation is placed on the gap between your standard of life before the incident, and your standard of life since the incident.
How long will it take?
Every medical negligence case is different, and it is hard to say how long it will take form the outset. However, we will assess and prepare your case from the beginning and do our best to hurry the process along.
What are the time limits?
In Victoria, a three-year limit is present for medical negligence cases. The three-year limit starts from the date of the negligent act and in some cases, from the date that the negligence was discovered.
Therefore, a claim can be outside of the time limits if the injury or harm was not immediately apparent.
Given the complexity of medical negligence cases, you should call us to discuss your circumstances as soon as possible. This will ensure that time is on your side by allowing us to get you the best possible outcome.
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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
