Medical Negligence Claims for Damages
Author:
Andersons Solicitors
Publish Date: November 20, 2008
If you or a loved one has suffered personal injury or death as a result of a medical procedure, the question arises whether it was just an unavoidable occurrence or whether it was a case of medical negligence.
Sadly, medical negligence is a surprisingly common occurrence. Recent Federal Government statistics showed that 4.8% of episodes of hospitalization arose from an "adverse event" in the healthcare provided to a person. These events may be abnormal reactions or complications to procedures, drug reactions or complications with implants, internal prosthetics or grafts.
80% of these events are potentially preventable and a substantial proportion of avoidable events may arise from medical negligence.
Medical negligence can include mistaken diagnoses, administration of the wrong medication, failure to use up to date treatment techniques with negative results or the transmission of a hospital acquired infection. While there are many gross examples of medical negligence, subtle instances of medical negligence can also give rise to significant damages.
Therefore, if you feel aggrieved in relation to a medical procedure it is important for you to seek legal advice, as much medical negligence goes unrecognized and uncompensated.
Medical negligence occurs when a person providing you with medical treatment fails to comply with the legally required standard of care. The law requires professionals to apply the standard of care that a reasonable person in the professional's position would use. The standard of care is judged by current practices in the relevant field, so professionals are required to maintain up to date knowledge of developments in their area of expertise.
If a person who owes you this duty of care has failed to comply with it in treating you, and as a result you have suffered loss or damage, you may be entitled to compensation.
Andersons' team of experienced medical negligence lawyers can quickly review your case to determine whether you have a potential claim and advise you about any further investigations that should be carried out, such as securing independent medical expert reports.
Generally medical negligence actions must be brought within a three year limitation period. Therefore it is also important for you to seek legal advice well before the expiry of this period.
However extended limitation periods apply in certain circumstances and it is sometimes possible to apply for an extension of the limitation period to allow you to make a claim.
Victims of medical negligence often suffer financial hardship as a result. The law offers recompense for this hardship by providing compensation for lost earnings, medical expenses and rehabilitation expenses, nursing and domestic assistance expenses (including where services are provided by family or friends). You can also recover damages for pain and suffering, emotional distress and loss of enjoyment of life.
If a patient has died as a result of medical negligence, the next of kin may bring a medical negligence action and the court will award damages in accordance with the harm suffered by the respective kin.
Medical negligence law is a mainstay of Anderson's legal practice. As a mid sized firm we offer a team of lawyers committed to medical negligence practice. We also take the time to give you and your matter our personalised attention.
If you consider that an "adverse event" in your medical history may be more than just an unavoidable occurrence, please contact Andersons on 1800 653 655 to arrange an initial consultation with one of our medical negligence specialists.
