Questions About Medical Negligence
What do medical negligence claims cover?
What are some examples of medical negligence?
How do I know if I am entitled to claim for medical negligence or medical malpractice claims?
How is medical negligence proved?
What compensation are you entitled to claim for medical negligence?
What time limits apply for a medical negligence compensation claim?
Do I need legal advice from a medical negligence lawyer?
Shine Lawyers offer a no win-no charge arrangement for medical negligence claims
Making a Medical Negligence Claim
Medical facilities (public and private hospitals) and/or medical practitioners (such as a doctor, dentist, pharmacist, nurse, midwife, or hospital) have a common law duty to take reasonable care for the safety and well being of their patients. Breaches of that duty may give rise to medical negligence claims.
This form of negligence (also known as medical malpractice or health law) involves an injury occurring as a direct result of an act or omission by a medical or health professional for failing to provide sufficient care or skill in the management and treatment of the patient. This is in circumstances where the injury could or should have been foreseen by a medical or health professional. The patient or their family may be able to make a claim for medical negligence compensation.
Medical negligence claims include claims made for failure to warn or lack of informed consent, where a medical practitioner has not fully explained the risks of a procedure or medication, which the patient may have refused.
Medical negligence claims are complicated and require careful consideration of complex medical and legal issues. If you think you have a claim for medical negligence compensation contact Shine Lawyers on 13 11 99 for an obligation free consultation about a claim.
Medical Negligence Information
Negligent medical treatment can occur in many different contexts and can include:
• failure to diagnose a condition (or excessive delay in making that diagnosis)
• failure to or delay in providing the appropriate treatment for the condition or refer a patient to a specialist
• failure to perform a procedure with reasonable care and skill
• failure to advise of the risks associated with a procedure
• failure to report correctly on test results
• failure to provide adequate post-operative care
Shine Lawyers’ medical negligence experts litigate in medical practice areas such as obstetrics, neurology, paediatrics, gynaecology, emergency medicine, general surgery, orthopaedics, cosmetic surgery, and more. Other common medical negligence claims include;
• antenatal testing failures: failure to recommend testing or errors in reading tests for conditions such as downs syndrome
• pregnancy & labour management: failure to monitor and treat conditions during pregnancy or respond to fetal distress
• surgical errors
• damage to major structures, such as the femoral nerve
The law relating to medical negligence varies between states and territories within Australia. However, in general terms two requirements must be established in order to claim for medical negligence compensation;
1. there was negligent medical treatment
2. the plaintiff suffered physical, psychological or financial harm by this medical treatment that would not have otherwise occurred
Therefore you cannot bring a medical negligence compensation claim if you have not suffered harm or injury as a result of that medical treatment, irrespective of whether the medical treatment was negligent.
In addition, medical negligence laws in some states and territories have strict thresholds that determine how severe or significant an injury must be, before a person is entitled to claim for medical negligence.
In Victoria in order to constitute a significant physical injury, the injury must impair a person’s whole body to a level of more than 5% and more than 10% for psychiatric impairment in order for it to be financially viable to bring a medical negligence claim.
The law recognises that medical practitioners are forced to make difficult decisions under extreme pressures in situations where it is not always possible to make the correct decision. However, negligent medical treatment goes beyond being a simple reasonable mistake or error.
In order to establish a medical negligence claim, it is necessary to demonstrate that the treatment provided by a medical practitioner fell below the standard of treatment that is reasonably expected from such a professional in those circumstances at the relevant time, in Australia.
Therefore, a medical practitioner is not negligent if it is established that at the time the medical service or advice was provided they acted in an widely acceptable manner in the opinion of a significant number of respected medical practitioners in that field of medical practice.
In the event that you have suffered an injury as a result of negligent medical treatment medical you are entitled to claim medical negligence compensation for;
• any past and future medical expenses (such as future surgical costs, ongoing physiotherapy)
• any past and future loss of earnings since contracting the condition
• home help and nursing provided by anyone or sometimes without charge by family or friends
• pain and suffering and loss of enjoyment of life
Injury compensation amounts are calculated on the basis of the harm and loss suffered not in relation to the degree of negligence by the medical facility or medical practitioner.
In Victoria, the assessment of damages related to personal injury is governed by the Wrongs Act 1958. A medical negligence expert from Shine Lawyers can help ensure that your rights are protected.
If you believe you have suffered an injury as a result of medical negligence, please seek legal advice as soon as possible. Time limits apply for making a claim in medical negligence.
Under Victorian legislation, , a medical negligence claim must be commenced within 3 years from when you first became aware of your injury or harm occurring year after negligent medical treatment.
It is possible for a claim to be brought outside the prescribed time limits, including if the injury or harm did not become immediately apparent. However, it is important that you obtain legal advice from a medical negligence lawyer to safeguard your interests in relation to the common law damages time limit.
Medical negligence claims are complicated and require careful consideration of complex medical and legal issues. If you think you have a claim for medical negligence compensation contact Shine Lawyers on 13 11 99 for an obligation free consultation about a claim.
A claim for damages (also called a Common Law claim) is usually the only way that substantial compensation can be obtained for the full effects of your injury. To get the best advice for your medical negligence claim, please seek independent legal advice at the earliest opportunity following your negligent medical treatment.
If you engage a personal injury compensation lawyer as soon as practical after you have received the negligent medical treatment/advice, you will be well prepared to deal with many of the challenges that can emerge in the course of your claim. Early investigation and information gathering is critical to the success of your claim. The quality of the evidence may affect the compensation amount.
Our focus on personal injury compensation as the core business has enabled superior efficiency and consistent performance. Your highest priority should be to maximize the extent of your physical and psychological recovery.
Making a claim for medical negligence requires great care in order to ensure that you receive your maximum entitlement. At Shine Lawyers, we have extensive experience in preparing and successfully pursuing claims for medical negligence. If your injury has been caused through the negligence of another person, contact us for an obligation free consultation about a claim.
In an area as complex and risky as medical negligence, the advice and assistance of experienced and a committed legal professional is essential in protecting your legal rights and those of your family members.
That is why Shine Lawyers have an expert department dedicated to medical negligence claims with a proven track record of experience and knowledge in health law, law reform, and education. Shine Lawyers Health Law lawyers work exclusively in this area of personal injury litigation, giving us detailed knowledge assessment methods to efficiently prepare and submit your medical negligence claim and ensure that you receive your maximum entitlement.
Because medical negligence litigation can be expensive, Shine Lawyers will only charge fees for medical negligence claims if the outcome is successful. In other words, no win – no charge. You may be required to make a contribution towards the cost of medical reports.
Shine Lawyers offer legal advice from one of our Health Law lawyers on a confidential basis. This obligation free consultation is how we can assess your case personally and help reduce the stress and anxiety experienced from a medical injury. To ensure that you get the best result and personalised service for your medical negligence claim benefits speak with one of our experienced medical negligence lawyers.
For obligation free assistance in making a medical negligence claim, contact Shine Lawyers on 13 11 99.
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