Healthcare professionals and hospitals are required by law to treat their patients with reasonable care and skill. When medical treatment falls below a reasonable standard, and this results in harm or injury, this is known as medical negligence.
If you have been failed by a healthcare professional or hospital, you may have grounds to bring a medical negligence claim for compensation.
I think I have a medical negligence claim. What should I do?
A successful medical negligence claim can help you to access the financial, care and support services that you and your family need to heal, and move forward with your life.
Medical negligence claims are by nature quite complex to run. If you decide to bring a claim for compensation, engaging a lawyer who possesses specialist expertise and experience in medical negligence is a critical step to ensuring you receive the best possible legal outcome.
With over 105 years of collective experience, Shine Lawyers’ Medical Law team have a proven record in obtaining outstanding results for our clients. Our team of carefully selected medical law experts practice exclusively in this dynamic area of law. This focused approach means we have a unique understanding of both the legal and medical intricacies of a medical negligence claim, and are positioned to ensure our clients receive the very best outcome.
It’s important to note that strict time limits apply to medical negligence claims. To speak to a member of our Medical Law team about your situation, please click on the Enquire Now button below. It would be our privilege to support you on your legal journey and help you get your life back on track.
What can I expect from the legal journey?
Should you decide to proceed with Shine’s Medical Law team, we will listen carefully to your story, and provide an assessment of all available options.
We take the time to explain the legal process to ensure you have an understanding of your rights, and can regain some control through what can be an exceptionally challenging time. We are committed to working closely with our clients and their families for the duration of the claim to alleviate the burden of stress and inconvenience.
While no two medical negligence claims are the same, a general outline of the legal process is provided below.
For more information on what you can expect from your legal journey with Shine Lawyers’ Medical Law Team, watch the following video:
Why choose Shine Lawyers’ Medical Law Team?
Obligation-free initial consultation to assess your case confidentially
Claim assessment process where we will explain all of the options available to you
We can come to you - if you can't make it into the office we're more than happy to come to you
No Win No Fee arrangement
How do I know if I have a claim for medical negligence?
Medical negligence can occur in any situation where a medical professional or hospital has failed in their duty of care to their patients. You may have suffered from medical negligence if a health professional has failed to:
- Diagnose a condition at all or in a timely way
- Treat your medical condition in a proper manner
- Perform a medical procedure with reasonable care and skill
- Advise you of the risks associated with medication, surgery or procedures
- Perform important investigations or monitor you appropriately
- Report correctly or follow up your test results
These are only a few of the ways medical negligence can occur – you can read more about other situations and injuries in our FAQs. If you’re unsure if you have a claim, please get in touch so that we can discuss your unique circumstances and work through your options.
What can I claim compensation for?
The amount of compensation an individual can recover is not a pre-determined amount. Compensation is dependent on the significance of the injury and is designed to restore the individual, to the fullest extent money allows, to the position he or she would be in if the injury had not occurred. It reflects the harm or loss suffered by the individual, rather than the degree of negligence of the healthcare provider.
Compensation is commonly granted for:
- Specialist medical care and rehabilitation
- Pain, suffering and loss of enjoyment of life
- Past and future loss of earnings
- Home and vehicle modification needs.