Medical Negligence: Do you have a Claim?

Article David Pena 18 May 2023

Medical Negligence: Do you have a claim?

In Australia, we are lucky enough to have access to the one of the best medical and health care systems in the world.  From advances in elective surgical procedures through to the latest cancer treatments and emergency care, our medical specialists are renowned for the quality of their services.

For a small percentage of patients however, the care or treatment they receive results in further damage or injury.  

What is medical negligence?

Any trip to the hospital or surgical procedure entails a risk of some sort - complications can arise during surgery, the procedure may not be as successful as hoped, or the patient may develop an infection.  Whilst causing physical pain, emotional stress and in some cases, delaying the recovery process, these situations do not generally constitute negligence on the part of the surgeon or doctor.  They occur despite the best intentions of the health professionals and the necessary treatment is given as soon as they arise.

However, there are some circumstances in which you may be able to make a claim for compensation, for example,  if injury or damage is caused  to a patient as a result of a health practitioner's failure to: 

• Diagnose a condition at all or in a timely way 

• Treat your condition or refer you to a specialist as soon as possible

• Monitor your condition

• Perform a medical procedure with reasonable care and skill

• Advise you of the risks associated

• Report correctly or follow up your test results

• Provide adequate post-operative care.

What to do if you think you have a claim?

Medical negligence can be a tricky area of the law.  If you have suffered injury or damage as a result of a medical professional's negligence, it is important to speak to an experienced personal injury lawyer to determine whether you do in fact have a claim.  

At CDQ, we will explain what is involved in simple language. We will assess your situation,  and help to identity the key elements that would be considered by a Court.  We will give you practical, realistic advice to help you move forward with your life.  

There are strict time limits that apply to making a claim for compensation, so, if you believe that you may have a case, contact CDQ as soon as possible.

For more information call us on ph: 02 8566 2400.