Medical Negligence Claims

Medical Negligence Claims in Australia – Common Questions

If you’re the victim of medical negligence, there are laws in place in Australia that can help you claim for the injury you received.

How do I know if I have a medical negligence claim?

You may have a medical negligence claim for a variety of reasons. Some of the most common ones, where you can take legal action, include failure on the professional’s part to:

  • Prescribe a diagnosis on a condition in enough time.
  • Treat your condition or provide a specialist referral as quickly as possible.
  • Adequately monitor your condition.
  • Skilfully perform a medical procedure with care.
  • Tell you about any risks involved in a procedure.
  • Correctly give you your procedure or test results.
  • Give adequate post-operative care.

Requirements for a medical negligence claim

Throughout Australia, the requirements for medical negligence cases vary. However, there are three main points that provide a solid grounding for a medical negligence compensation claim.

These include:

  1. The treatment by a doctor or hospital was not up to Australian standards,
  2. Treatment wasn’t efficient enough and this resulted in injury or suffering,
  3. Medical negligence caused psychological or physical harm.

What is involved in claiming for medical negligence?

The timeline for medical negligence is sometimes a lengthy one, but a good lawyer will help make the process as painless as possible.

In general, the process follows these lines:

  • Consultation with lawyer where you tell your story.
  • Agreement is signed with lawyer.
  • The case is started and the initial documents are drafted.
  • A case is built and evidence is gathered and analysed.
  • A settlement claim is the main goal during a negotiation period.
  • If a settlement isn’t agreed upon, both parties head to court.
  • If a settlement is agreed, payment is processed.

Who pays my compensation?

All doctors and medical staff in Australia are required by law to have Professional Indemnity Insurance. This means that if there’s an injury or accident while they’re working, the insurance company will pay your compensation, not the doctor themselves.

If you need further help or have other questions about making a medical negligence claim, let us connect you with a lawyer who specialises in personal injury law and medical negligence claims.

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