Medical Negligence

Medical negligence is the failure of a health-care provider to treat you with reasonable skill and care, causing you injury as a result.

Your doctor, hospital or medical service provider has a legal duty to treat you in a competent and professional manner. If they fail in this duty, they may be held liable for any resulting injury or loss.

Medical negligence can include:

• Misdiagnosis
• Delayed diagnosis
• Inappropriate treatment
• Surgical errors
• Defective medical products
• Anaesthesia errors
• Prescription and medication errors.
• Medication errors
• Injuries sustained during birth, including stillbirths and neonatal deaths
• Failure to refer for investigations, specialist advice or emergency treatment
• Defective medical products
• Injuries as a result of medical care overseas
• Cerebral palsy claims

It may also include a failure to:

• Return correct test results
• Provide crucial post-operative care
• Monitor pregnancies correctly

You can make a claim against a medical service provider if you can show that:

• The medical service provider owed you a duty of care.
  • While all doctors and hospitals owe a duty of care to their patients, the nature and extent of that duty will change depending on the facts of the case.
• The medical service provider breached their duty of care to you.
  • For example, your general practitioner owes a duty of care to investigate any health complaint properly. If they fail to do so, they may have breached their duty of care to you.
• Any injury you have suffered was caused by the negligence.
  • In other words, you need to show that the health condition, injury or loss was caused by your medical service provider providing you with inappropriate or inadequate care.

As you can see, medical negligence is much more than a simple mistake. Most people, therefore, engage an expert compensation lawyer who has the knowledge and expertise to help guide a case to a successful outcome. It is important to obtain legal advice sooner than later.

Call us on 1300 769 665 for a free consultation to discuss your options and see how we can help you.

If you believe your medical service provider has been negligent, you should take the following steps:

Step 1: Get legal advice as soon as possible.

Step 2: Collect copies of your medical records, X-rays and scans, as well as any correspondence between you and medical practitioner (we can request these for you).

Step 3: Collect copies of all your receipts relating to the medical and other expenses associated with your injury (again, we can help with this).

Step 4: Obtain appropriate expert medical evidence before commencing court proceedings (once again, we would handle this for you).

We manage the entire claims process for you.

Step 1: You call us or meet with us, explain what has happened to you, and we tell you whether we believe you have a valid legal claim.

Step 2: If we believe your claim is valid and agree to take on your case on a No-Win – No-Fee basis, we will arrange an appointment at one of our offices. If it is difficult for you to travel, we can arrange a home visit.

Step 3: We collect evidence to support your case. In medical negligence claims, this involves collating clinical notes and medical reports from your doctors as well as other material such as an accurate record of what happened to you.

Step 4: We also collect any additional evidence relevant to your claim, including documents from accountants, actuaries, occupational therapists and other experts.

Step 5: We file your claim with the appropriate court or tribunal.

Step 6: We communicate with you in a language you can understand and support you at every stage of your claim, including settlement conferences, mediations and court hearings.

In New South Wales (NSW), medical negligence law falls under the Civil Liability Act 2002 (NSW).

If you are thinking of making a claim, you should be aware that the legislation:

• Defines the types of compensation you can claim
• Establishes time limits for bringing a claim against the medical service provider
• Limits the compensation you can recover in certain situations.

The legislation is complicated, and as there are time limits, it’s a good idea to talk to a lawyer as soon as possible to find out if you have a claim.

In our experience, most medical negligence matters settle before they go to court.

The courts ‘case manage’ matters so that they move through the system as quickly as possible. We find that the average case will usually be finalised within 10 to 12 months from the time it is filed in court.

For a free initial consultation to find out if you have a medical negligence claim, please email us or call us on 1300 769 665 to speak directly to one of our lawyers.

In a medical negligence claim, the objective is to put a monetary value on the losses you have suffered as a result of your medical service provider’s action or inaction.

You are entitled to recover compensation for:

• Pain and suffering (non-economic loss)
• Past and future wage loss or loss of earnings
• Past and future loss of superannuation entitlements
• Past and future expenses (such as medical and travel, as well as the cost of home and vehicle modifications)
• Care and help provided by friends or family
• Commercial care costs

In addition to your claim for medical negligence, you may also have a claim under your superannuation and your personal insurance policies.

Many superannuation insurance policies provide cover if you are totally and permanently disabled. This is referred to as a TPD claim and payments  under these policies will usually be in the form of a lump sum.

In addition, you may also be able to make a third claim under a personal insurance policy if you have life insurance, income protection insurance, or sickness and accident insurance.

At MCL, we have a team of lawyers who specialise in superannuation, TPD and life insurance claims. They have the skills to determine whether you are covered under these policies, and if you are, the experience to pursue your rights with the insurance companies who are not always ready to pay in the first instance.

If you'd like to find out more about making a superannuation or TPD claim , then please call us on 1300 769 665.

MCL is one of Australia’s premier medical negligence law firms.

With over 20 years experience, our lawyers are experts in this area. And they need to be. With the rapid evolution of medical science and technology, medical law is becoming more and more complex.

Our medical negligence team is lead by a Law Society Accredited Specialist and is supported by an extensive panel of medical experts who have the knowledge to tease out the vital details of your case.

At MCL, we have the experience to navigate your case through the court system in order to get the best possible result for you as quickly as possible. Your case will be assessed, valued and prepared so that you get the maximum compensation you are entitled to.

Our lawyers have what it takes to meet the large insurance companies that usually represent the medical service providers head on. Just as importantly, we have the financial muscle to go the distance against the limitless resources of these large insurers.

Our reputation for being tough, experienced and well-prepared means that the insurance companies respect us and are more likely to offer you fair and reasonable compensation for your injury or loss.

We provide a ‘No Win No Fee’ guarantee to all our clients. This means that you only pay us for our work after the successful conclusion of your claim.

Finally, if you entrust your matter to us, you will have your own lawyer, who will always be available to answer your questions and support you through the claims process.

If you would like a free initial consultation with a lawyer who is an expert in medical negligence claims, call us now on 1300 769 665.