Personal Injury

Medical Negligence

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Mendis & Gibson Lawyers

Medical Negligence Lawyers Essendon and Melbourne CBD

During their treatment, medical professionals owe a duty of care to their patients. Medical professionals include doctors, nurses, psychiatrists, pharmacists, dentists, and other medical workers. Should these medical professionals fall short of their duty of care and treatment falls below an acceptable standard, a person may be entitled to compensation for any loss or damages suffered due to that medical malpractice, mismanagement, or negligence.

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What is a duty of care?

To be successful in a claim for negligence, it must be proven that the a person or organisation owed a duty of care to the injured person, that the duty of care was breached, that the breach caused the injury or death, and the breach resulted in economic or non-economic loss.

In cases of medical negligence, medical professionals automatically owe a duty of care to their patients, so then it becomes a matter of whether they have actually breached this duty which has resulted in an injury or illness.

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What is required to make a claim for medical negligence?

If you have suffered physical, psychological, or financial harm as a result of negligence, malpractice, or mismanagement by your medical professional, then you may be able to make a claim for medical negligence compensation.

Some examples of negligent treatment include:

Misdiagnosis or failure to accurately diagnose a patient’s condition
Failure to provide adequate treatment to the patient
Failure to provide proper care during surgery
Failure to provide proper post-operative care
Receiving incorrect test results or ordered for the incorrect tests to be conducted
Receiving incorrect medication or receiving incorrect dosage of medication
Making an existing patient’s condition worse
Failure to obtain consent for a medical procedure

Medical professionals must meet a certain standard when caring and treating their patients. When this standard falls and results in injury or illness, then you may be eligible to make a claim and receive compensation for your loss and damages.

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What compensation could I receive?

The main purpose of compensation is to put you back in the position you would have been had the breach in duty of care never happened. Compensation may be ordered for matters of economic loss, non-economic loss, and future economic loss. The costs that may be recovered include:

Medical bills for treatment
Any loss of income or future loss of income
Any further treatment needed to maintain the injury or illness
Pain, suffering and emotional distress
Any other expenses deemed relevant

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When should I make a claim?

It is crucial to not wait too long to make a medical negligence claim. State and Federal laws have imposed limitation periods, which is the time frame within which you are allowed to lodge a claim. Generally, the limitation period begins from the date of injury and expires three years after the date of injury.

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What will happen if I make a claim?

Seek legal advice if you wish to make a medical negligence claim. Certain information will be required from you such as medical reports, letters from you doctor, and hospital records to proceed with the claim. It may also be necessary for you to attend an independent medical examination to substantiate your claim.

Based on the information you provide, we will engage in settlement negotiations to achieve a fair outcome for you. If the matter is unable to be settled in the preliminary stages, then it may be directed to Court.

It is important to be aware that medical negligence claims may take a long time to be resolved. This is because it is often necessary to wait until an injury or illness has stabilised so the matter may be settled properly and fairly.

Personal Injury