SA Sue My Doctor for Medical Negligence from Injections?

[Tatum]

Hey. In August of this year I received an iron shot in my left arm. My doctor didn’t do it correctly and the iron injection bled into my skin I now have what looks like a bruise on my arm. Another doctor has informed me it will either be semipermanent which could last up to three years, or permanent.

To make things even worse a few weeks later she done it to me again on my right arm. Now I’m walking around with two great big marks on my arms. I've had people stare at me ask if my husband hits me. Not only does it look disgusting but it still hurts a little if you push on it.

Do I have a case to sue for medical negligence?

 

[Sarah J]

Hi Tatum,

1. Medical negligence actions are always very difficult as they often involve insurers that fight very hard against the plaintiff (person suing). You will most likely need a good lawyer with expertise in medical negligence (as this area of law can be quite broad and complex), and must consider the time in court (if you do not settle before commencement of proceedings), costs and stress. Therefore, you really need to ask yourself whether the cost of doing all this is worth the damages (amount in money) you are seeking. There are inherent risks in any procedure, even something as common as an injection and so another question is: were you aware that the injection may go awry and may cause bruising/scarring/other injuries and if not, would you have had the injections in any case (i.e. are they essential or cosmetic or optional)?

2. I would suggest speaking with the hospital and ask if you can make a complaint against the doctor/nurse and seek some compensation indirectly (i.e. without going through courts) or enquire with the Health Ombudsman in SA: OmbudsmanSA

3. If you wish to pursue this action, you should take a look at the Civil Liability Act 2000, in particular: Division 6 of Part 1 (professional negligence) and Part 2 (personal injury). These provisions will govern factors considered in medical injury cases, which is an attempt by the government to restrict the general body of case law in torts. Hence, they should be read as restrictions/limitations on the broadening and general concept of "breach of duty of care" and "negligence" as defined by judges in previous cases.