Medical negligence is a serious issue that affects many people. Knowing your rights and what to do if you have been the victim of medical negligence is crucial.
What Is Medical Negligence?
Medical negligence (medical malpractice) is defined as a medical professional's failure to deliver a standard of care that meets the medical community's accepted norms, resulting in injury, harm, or even death for the patient.
Depending on the severity of the negligence, legal action may be taken against the medical professional or facility responsible.
All patients must be informed of their rights and take the necessary actions to ensure they receive the care and attention they require from medical professionals.
Types of Medical Negligence in Australia
In Australia, medical negligence can take many forms, from misdiagnosis and delayed diagnosis to surgical and pharmaceutical blunders. Here are nine common examples of medical malpractice cases:
- Misdiagnosis: Failing to diagnose what condition a patient is suffering.
- Surgical Negligence: Mistakes made, the wrong operation or wasn’t necessary in the first place.
- Anaesthesia: Improper application or a failure to monitor its impact.
- Medication Errors: Wrong medication, combinations or dosage.
- Long-Term Negligent Treatment: Treatment is not monitored correctly, or follow-up appointments are not scheduled as required.
- Negligent Medical Advice: Failure to advise risks, side effects or alternatives available.
- Pregnancy and Birth Injuries: Harm to the mother or baby, vasectomy failed, or parents are not informed the child will be born with a specific injury.
- Dental Negligence: Poor surgical procedures, misdiagnosis, or inadequate treatment.
- Attending to the Patient: Treatment is not monitored correctly, or follow-up appointments are not scheduled as required.
No-Fault Compensation Schemes for Medical Negligence
No-fault compensation is an insurance policy or compensation plan that compensates victims without commencing legal proceedings. These schemes allow doctors and healthcare providers to offer a financial settlement to the patient without admitting guilt or liability.
How Do I File A Claim For Medical Negligence?
Filing a lawsuit for medical negligence might be difficult, but it is critical to seek justice if you have been harmed by medical malpractice.
Always seek legal counsel from an experienced attorney specialising in medical malpractice claims.
IMPORTANT: There are specific time limits on filing a medical negligence claim, so it is crucial to act quickly and consult an attorney as soon as possible after experiencing any medical negligence.
Collect any relevant medical records and other information that may be useful in proving your case. They can advise you on the legal merits of your case and the best course of action to take.
Your attorney will file a Statement of Claim and Statement of Particulars outlining the extent of your injuries and the compensation you seek. Your lawyer will formally begin with the case after serving the defendant with the filed paperwork.
If you file a medical malpractice claim, you will almost certainly seek compensation from the healthcare provider's insurance carrier. Most medical professionals have medical malpractice insurance to protect themselves against liability from negligence claims.
You can seek compensation for non-economic losses such as pain and suffering, loss of amenities, deformity, or loss of life expectancy in addition to ongoing medical expenses.
Seek legal advice from an experienced lawyer
At Taylor and Scott, we can help you understand your rights and the potential legal remedies. Do not hesitate to seek legal advice if you are a victim of medical negligence.
At Taylor & Scott, we care for you.
