We rely on our doctors to know what they are doing when dealing with our medical health. Doctors are expected to take great efforts in providing a "duty of care" to their patients.
A medical negligence claim is a claim for compensation for injury caused by the negligence of a doctor, medical practitioner or hospital. It could include a dentist, midwife, nurse, or pharmacist.
There is a reasonable standard of care that must be taken when providing treatment as a health care practitioner. Failing to take reasonable care, in circumstances where the health care provider could or should have foreseen that their actions could injure you, is considered negligence. Negligence could pertain to a patient receiving below the reasonable standard of care resulting in an injury or a worsening of an existing injury.
When you receive treatment or receive advice from a doctor, dentist, hospital, nurse, etc.. you must be certain that you are -
If you have suffered damage, loss or injury, that is the result of negligent medical treatment, then you may be entitled to compensation. The following are examples of treatment that may be considered negligent depending on the case specifics -
In some parts of Australia, the common law applies so that courts do not judge a doctor's competence. Clinical negligence is best judged by the stringent specifics of one's practicing profession and "duty of care".
Though there are some exceptions to this rule, in some States a doctor is not considered negligent in his decision to act if it was in fact a treatment widely accepted by peer professional opinion in strong numbers being well respected doctors in their field. In many cases peer professional opinion does not have to be universally accepted to be considered widely accepted. It is up to the court to determine after hearing all of the evidence of the case including the opinion (s) of independent medical experts whether reasonable "duty of care" was practiced.
Be aware, that just because something goes wrong medically, it does not always mean there is grounds for a "Negligence" or "Malpractice" claim.
At Legal Injury you may plead your case here with us and if grounds for negligence are determined, then you may be able to claim "Damages". Damages can and will include -
To receive the maximum damages on your Medical Negligence Injury Claim talk to the professionals at Legal Injury about legal advice by filling in the form on the top right.
Please supply details of when, where (including State or Territory) and how the accident occurred, including the extent of the injury sustained.
Note full privacy is assured.