Medical negligence lawyers are personal injury lawyers who specialise in compensation claims as a result of a negligent medical practitioner.
When a doctor or other medical professional acts negligently, this is known as medical malpractice or medical negligence.
Medical negligence is a type of professional negligence.
You are entitled to trust a professional to perform their duties diligently – whether medical, or otherwise.
Professionals have a legal duty to perform their services with care and skill.
A successful case of medical negligence requires the professional to act below the expected duty of care of the industry standards of other professionals within that industry.
A professional who has not met the standard of care and skill expected of a similar professional of the same experience, may have failed in this duty and you may have the right to claim compensation.
Medical negligence encompasses a wide range of injuries and complications. However this does not mean that an unsuccessful treatment or reasonable mistake amounts to negligence.
Who May Be Liable for Medical Negligence?
All medical professionals, including: Doctors, Dentists, Chemists, Surgeons, Optometrists and Chiropractors.
Examples of Medical Negligence claims:
- Birthing injuries
- Spinal injuries
- Brain injury
- Surgical error
- Inadequate post-operative care
- Misdiagnosis or failure to diagnose
- Dental injuries
- Failure to warn
- Incorrect advice
- Exacerbating an existing condition
- Plastic surgery injury
- Medication Error
- Amputation due to negligence
- Anaesthesia errors
There are many other types of medical negligence claims.
If your injury is not on this list, get in contact with one of the Sunshine Coast’s leading medical negligence lawyers to see if you have a viable medical negligence claim.
Am I entitled to compensation?
For medical negligence to be established, there must be:
- The standard of care for medical professionals is that which a reasonable professional having the necessary education and experience would owe in the same situation. You must be able to prove the medical professional that provided the service did not perform to the expected standard of care or skill expected from a person in the profession. The requisite standard of care and skill may be breached due to an act or a failure to act, and may include poor service due to a mistake, incompetence, or unprofessionalism.
- Harm or damage. The negligent service provided by the professional must have directly caused you to suffer a loss or injury.
What can I claim?
You may be able to claim compensation for:
- Physical harm
- Psychological harm
- Past and future loss of income
- Pain and suffering
- Loss of enjoyment of life
- Care and help from others (whether paid or unpaid). This includes in-home care and services such as gardening, maintenance and cleaning.
- Medical expenses – both past and future
The monetary value of your claim will take into consideration your expected life path before the negligent event and your new life path.
Each claim is unique and is based on your circumstances and the facts of the negligent event.
Who pays the compensation?
In Australia, all medical practitioners are required to have Professional Indemnity Insurance.
Therefore, it is the insurer of the negligent practitioner who pays the compensation.
Are there any time limits?
There are strict time limits for personal injury claims.
For instances of medical negligence, there is a 12-year limit within which to bring a claim (again, only three years if a personal injury has occurred).
Professional negligence is a complex area of the law. It is best to speak to a lawyer as soon as possible after discovering your injury to ensure you can receive the compensation you deserve.
Sunshine Coast Medical Negligence Lawyers
If you have sustained an injury or complication due to the negligent service by a health practitioner, then talk to a medical negligence lawyer on the Sunshine Coast to get your life back on track.
No matter what your claim, there is an expert local lawyer ready to fight for your rights every step of the way.