If you have received medical treatment in Western Australia that has not reached the standard of care that is expected and has resulted in some form of loss or harm, you may be eligible for a compensation claim.
The Shine Lawyers medical negligence team have represented many individuals in claims for medical negligence arising from either general practitioners, hospitals, specialists, nurses or midwives who did not take reasonable care or skill in the treatment provided.
Our specialist service extends to all types of injuries suffered from medical negligence, including the following:
- Spinal injuries – Errors during and mismanagement of surgery can result in spinal abscesses, infections or debilitating conditions such as Cauda Equina Syndrome.
- Brain injuries – Brain injuries can arise from surgical error or mismanagement. In severe cases, they can result in a stroke or infections of the brain, such as Meningitis.
- Cardiac damage – Cardiac harm can result from a range of negligent practices, such as delayed or misdiagnosis of congenital defects or cardiac conditions, mismanagement of the patient during surgery, or anaesthesia errors.
- Amputation - Poor vascular management (such as mismanagement of blood clots) and compartment syndrome can lead to the loss of a limb.
- Neurological damage – Mismanagement of an infection resulting in sepsis or septic shock can lead to lasting neurological injury.
- Incontinence - Continence issues from bladder or bowel perforations often arise from surgical error or mismanagement of a complication from a procedure.
We also represent the families and loved ones where a parent or child has passed away due to mismanagement of some form of medical condition or a surgical error resulting in their death, and families of children who are born with disabilities due to mismanagement of the pregnancy or labour, or a delayed diagnosis of a condition developing in utero. Many of these families have children who are diagnosed with Cerebral Palsy.
The medical negligence legal process
The legal process when it comes to medical negligence can be a complex task and forging a claim for compensation in Western Australia requires expert knowledge of the law. Medical negligence claims are never the same. However, the below video provides a simple, general guide on what's involved in the compensation legal process:
This page is written specifically for a Western Australia audience. Restrictions in these states prohibited us from showing certain information regarding our legal services, so if you are located outside these states please click here for information on medical negligence law.
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Common questions about Medical Negligence Lawyers in WA
If you think you’ve received incorrect or inadequate medical treatment in WA, the is a possibility that you may be able to make a claim for compensation.
You may be able to make a claim if your doctor or healthcare professional did not:
- Diagnose a condition at all or within a reasonable amount of time
- Treat your condition or refer you to a specialist as soon as possible
- Monitor your condition
- Perform a medical procedure with reasonable care and skill
- Advise you of the risks associated with, for example, an operation
- Report correctly or follow up your test results
- Provide reasonable care after your operation
Examples of medical negligence or medical malpractice claims include:
- Not testing properly for conditions such as Down’s Syndrome
- Poor pregnancy and labour management resulting in injuries
- Cerebral Palsy Compensation Claims
- Errors during an operation, including damage to internal organs or nerves and not providing proper care after the operation
- Anaesthetic issues
- Nerve injuries during surgery
- Birth injuries
- GP negligence
- Hospital negligence
- Medication Errors
- Orthopaedic surgical errors
A medical negligence claim can be brought against a healthcare professional or facility that you think has caused or contributed to your suffering or injury.
This could include:
- Public and private hospitals
- General Practitioners (GPs)
- Orthopaedic surgeons
- Allied healthcare professionals, such as chiropractors and physiotherapists
Medical negligence claims in WA can be brought forward in the following areas:
- Infectious diseases
- Emergency medicine
- General surgery
Medical negligence law varies between most states and territories in Australia.
In Western Australia, typically three things need to be established to make a claim:
- The doctor or hospital’s treatment did not meet Australian standards
- The poor treatment resulted in suffering or injury to you
- The physical or psychological harm was a direct result of the negligence.
Medical negligence laws in WA have strict starting points to establish how severe or significant an injury must be before you can make a claim.
Western Australian law recognise that doctors need to make difficult decisions under extreme pressure – however negligent medical treatment goes beyond making a simple mistake.
You will need to show that the treatment fell below the standard of care reasonably expected from a professional.
If the doctor, practitioner or hospital acted in a way that would be acceptable to another reasonable practitioner in that same area of medical practice, then you may not be able to make a claim.
Each claim is different but compensation is generally available in WA for:
- Pain and suffering as well as loss of enjoyment of life
- Loss of life expectancy
- Past and future loss of earnings
- Care and help provided by friends or family
- Paid care and help such as nurses, gardeners, etc
- Past and future medical expenses, such as surgery and equipment
- Home and car modification expenses
- Costs associated with a trustee managing your money
Compensation amounts are calculated based on the harm or loss you suffer, rather than the degree of negligence.
The amount you will be able to claim under Western Australian law will depend on the particular facts of your situation.
Once a lawyer puts together all of the evidence, they should be able to give you a better idea of what to expect.
How long your medical negligence compensation claim can take in WA can depend on a number of things, for example how complex your particular situation is.
Once a lawyer knows the ins and outs of your case they can give a better idea of the timeframes involved with your claim.
Under Western Austrlian law there is a three-year time limit in which to claim compensation.
The three years run from the date of the medical negligence or in some cases, from the date the negligence was first discovered.
It’s possible for a claim to be made outside the prescribed time limits if the injury or harm was not found immediately.
We recommend that you seek legal advice as soon as possible to ensure your right to a claim is not lost due to a time limit.
We work on a No Win No Fee basis for all medical negligence claims in WA, so you’ll only pay our fee if you win your case at the end of the claim.
Your legal costs will be determined by the amount of work required to resolve your claim.
Shine Lawyers have offices in the following locations in WA. As part of our service offering, home or hospital appointments can be arranged at your convenience.
Shine Lawyers are expert medical negligence lawyers that can help you get the compensation you need under Western Australian law.
The below links contain further information regarding your legal options.
Shine Lawyers also have accredited specialists in personal injury law in Queensland:
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