Medical Negligence

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 consequent injury or loss.

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 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.

Medical negligence includes (among other things):

• Misdiagnosis
• Delayed diagnosis
• Inappropriate treatment
• Surgical errors
• Defective medical products
• Anaesthesia errors
• Prescription and medication errors.

It may also include a failure to:

• Refer for investigations, specialist advice or emergency treatment
• Perform surgery with ‘reasonable care and skill’
• Return correct test results
• Provide crucial post-operative care
• Prescribe the correct medication in the correct dosage
• Monitor pregnancies or births correctly.

There is no getting away from the fact that the law in this area is complicated. So, if you have a case, you need to make sure that it is prepared by a lawyer with experience in the area.

Call us on 1300 769 665 for a free initial consultation to discuss your options and find out 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 the other party (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.

Step 4: Obtain an appropriate expert medical evidence before commencing court proceedings (once again, we 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, so you should talk to a lawyer before making a claim.

The NSW courts ‘case manage’ matters so that they move through the system as quickly as possible. In our experience, most matters settle before they go to court. 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 can make a medical negligence claim in New South Wales, please call us on 1300 769 665.

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.

Many superannuation insurance policies provide cover if you are totally and permanently disabled.

Payments under these policies will usually be in the form of a lump sum and are provided on top of any other claims, such as a claim for compensation.

In addition, you may be able to make a claim under a personal insurance policy. For example, you may be able to claim compensation 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 and experience to determine whether you are covered under these policies.

Would you like to find out more about making a superannuation or TPD claim?

For a free initial consultation to find out if you can make a superannuation or TPD claim, please call us on 1300 769 665.

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

Our lawyers have extensive experience in handling these kinds of claim. This means that your case will be assessed, valued and prepared expertly and efficiently.

We also know how to navigate your case through the court system in order to get the best possible result for you as quickly as possible.

Our lawyers have the expertise and experience to take on the large insurance companies that usually represent the medical service providers in these claims. 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.

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