Understanding Medical Negligence Claims
According to a study published by the World Health Organisation , Australia recently had the highest rate of medical errors in the world. Although not every medical error is negligent, 50,000 Australians suffer permanent injuries annually as a result of medical negligence . This number doesn’t include the 18,000 that may die each year from preventable medical negligence.
This study also concluded that up to 16.6% of Australian hospital patients experienced an adverse event in their treatment. Those are high numbers of patients who deserve better care. As you might notice from such statistics, medical negligence isn’t exactly uncommon.
Whether you or a loved one has become a victim of such negligence, you need to understand the claim process to succeed in obtaining closure and compensation. With relevant laws changing often, it’s essential to consult an experienced lawyer in your area.
Below you’ll read about medical negligence, recent litigation, and what a qualified lawyer can do for you. Use this information to help you take action to make you or your loved one’s situation better.
What Does it Mean to Be Negligent?
Your health care professional has a responsibility to treat patients according to a certain standard of care. When a doctor, pharmacist, or dentist fails to meet this standard, they become liable. Also referred to as medical malpractice, negligence happens when a health care professional:
- Reports or uses erroneous test results to prescribe treatment
- Performs surgery without reasonable skill or care
- Fails to provide necessary post-surgical care
- Delays or fails to provide proper treatment
- Causes an existing condition to worsen
- Misdiagnoses an injury or health condition
Common areas of malpractice and medical negligence cases include, but are not limited to:
- Operative errors
- Obstetric complications
- Improper or failed emergency care
- Failure to recognise serious conditions and sending the patient home
Health care professionals aren’t considered negligent if their actions are widely accepted by peer professionals at the time of treatment. Because of this law, it may be difficult to determine and prove medical negligence. The independent medical expert, judge and courts involved make this determination.
All too often, a small number of doctors account for most official patient complaints. With closer monitoring and increased consequences, hospitals may succeed in minimising risk.
How Do I Build My Case?
Many victims of “adverse” treatment just want justice. People often pursue litigation because they want acknowledgment and compensation for poor treatment. Whether your priority is monetary or emotional, consult a trustworthy personal claims lawyer.
To file a medical negligence lawsuit, a person must have received a permanent disability from said negligence.
If you have experienced the following as a direct result of improper or negligent medical care, you may have a case:
- Bodily pain and suffering
- Loss of income during recovery
- Future economic loss as a result of your injury
- Costs associated with treatment, rehabilitation, and medications
What Can a Lawyer Do for Me?
Once hired, your lawyer will help you compile every relevant medical record regarding your case. They will also work to obtain an independent medical expert’s opinion to prove negligence. If you are no longer able to work or need 24-hour care because of a doctor’s mistake, you need and deserve justice.
Your lawyer will work to help you regain the financial position you would have held had the medical negligence never occurred. In the case that your health care provider doesn’t offer immediate settlement, your lawyer will also represent you in court.
Medical negligence is not a pleasant or simple matter, so contact a lawyer today to begin building your case.