Most Australians place great priority in their physical and mental health. In times of illness, we trust our medical professionals to provide the appropriate level of care, advice and treatment. Unfortunately however, some medical professionals fail to provide the care and skill we deserve, causing us to suffer serious illness or injury. This is known as medical negligence or malpractice and, in certain circumstances, can give rise to a compensation claim against the medical professional. Whatever the circumstance, medical negligence can have devastating effects. It’s therefore important to obtain our advice to ensure you’re fairly compensated.
Examples of Medical Negligence:
- Incorrect or delayed diagnosis
- Failure to warn and informed consent
- Failure to properly treat
- Dental treatment causing injury
- Acts or omissions causing birth defects or injuries
- Surgical errors
Can I Make a Claim?
In order to succeed in a medical negligence claim, you need to demonstrate that your medical practitioner owed you a duty of care. You must then establish that they breached this duty of care and most importantly, that the breach directly caused your injuries or illness. This is known as ‘causation’ and is often the most difficult element to prove in a medical negligence claim. In NSW, medical negligence claims must generally be made within three years from the date of injury or diagnosis. It is therefore important you obtain legal advice from us to ensure any potential claims are explored and made within the time limit.
What Can I Claim?
Depending on your circumstances, you may be able to claim compensation for loss of wages, treatment expenses, travel expenses, domestic assistance and pain and suffering.
What Should I Do If I Think My Medical Professional Has Been Negligent?
You should contact us as soon as you suspect your injuries or illness have been caused by the negligence of a medical professional. Delaying this could result in it becoming more difficult to prove causation of your injury, which ultimately affects the likelihood of successfully arguing your case. We are committed to giving the right advice to ensure any potential claims are investigated promptly.
Contact Antonela, for an obligation-free assessment of your case.