Article Category - Compensation Law Medical Negligence Claims By Angus Edwards 29 January 2020

Doctors and medical practitioners are human and don't always get it right, and if you are injured as a result, it's comforting to know your options in making a claim for compensation.

Some examples of situations that may involve medical negligence include:

Injuries during birth, misdiagnosis of conditions, dental treatment, surgical errors, incorrect treatment, or prescription errors. Other cases include where specialist referrals or investigations are not made.

Eligibility to make a claim:

You may be able to claim for medical negligence if you have received medical treatment which falls below the standard of skill and care that a reasonable professional would have provided in the same circumstances and with appropriate care the injury would have been avoided. 

Medical negligence claims will not succeed in cases where injury has resulted, but where the treatment was provided with the appropriate level of skill and care. This is a question for expert evidence which we will obtain in your case.

If you have been the subject of substandard surgery or other medical negligence you may be entitled to bring a claim. 

How long do I have?

In NSW claims for medical negligence must be brought within 3 years of the date of discoverability of the cause of action. It is therefore important to not delay seeking legal advice should you believe that you have received negligent treatment or treatment that is not to an appropriate standard.

What can I claim?

If you can establish negligence you can potentially claim different categories of damages, depending on your needs and disabilities.  These include

  • Pain and suffering
  • Past and future medical and treatment expenses
  • Past and future loss of earnings and superannuation contributions.
  • Past and future care and household assistance

How do we help?

Dealing with insurers and navigating the Court processes can be stressful, and our team are here to take care of this, so you can concentrate on your health and wellbeing. Our dedicated team will assist you with every aspect of your claim and guide you through what to expect along the way.

Should you believe that you have received treatment or care that may be negligent please contact our office on 1800 650 656 to discuss your claim further.

Angus Edwards | Principal