What is Medical Negligence?
Medical negligence, also referred to as medical malpractice, is a phrase used to describe circumstances where the duty of care owed to a patient by a doctor, hospital or allied health professional is breached and as a result of the breach, the patient suffers injury, loss and damage.
Medical negligence generally falls into one of the following categories:
- Whether the treatment undertaken was indicated;
- In the provision of advice with respect to the medical treatment and any risks associated with the treatment;
- The provision of the medical treatment; and
- The post treatment care provided.
The types of medical providers you can claim against include general practitioners, surgeons, specialist doctors, public and private hospitals, dentists and allied health professionals such as physiotherapists and chiropractors.
Given the complexity of medical treatment, sometimes treatment does not go as expected and this does not necessarily mean there was negligence involved. Evidence needs to be obtained to establish that the treatment was not provided with due skill, care and attention and in accordance with competent professional practice at the time the treatment was provided.
When can you consider a medical negligence claim?
If you have suffered an injury or illness or you are a dependent of someone who has died as a result of an injury or illness caused by the negligence of a medical practitioner, hospital or any other health services provider, you may be entitled to claim compensation for your injury, loss and damage. This is known as a medical negligence claim.
At Andersons, we can provide initial advice on your particular circumstances free of charge and assist you with the claims process should we consider an investigation into the circumstances is warranted and you wish to pursue a claim.
Pregnancy & Birth Injury Claims
If your enquiry relates to a negligence claim relating to pregnancy or the birth of a child, you can read more information on the birth injury claims page.
What Time Limits Apply?
Generally, you have 3 years in which to lodge a claim for injury, loss and damage arising from negligent medical treatment. In limited circumstances, an application for an extension of time may be possible.
It is essential that you get legal advice about a potential claim from a lawyer experienced in medical negligence claims early. Make sure it is well before the 3 year time limit in order to avoid a claim becoming statute barred, to ensure all of the necessary investigations can be carried out and to ensure you’re complying with all court rules that may apply.
If the claim involves a child who was under the age of 18 at the time of the negligent act, the 3 year time limit begins once the child turns 18 and they have until they are 21 to lodge the claim. However, even in such circumstances, it is necessary for the claim to be investigated as early as possible to preserve evidence and to notify the negligent party of the claim within 6 years of the date the claim arose. The limitation date is further extended for people suffering from a mental incapacity.
Why see a Personal Injury lawyer?
A lawyer can help complete your claim form, explain your rights, and make sure you don’t settle for less than you deserve. Don’t accept an insurer’s offer without speaking to us first – it could save you thousands.
We offer a free, no-obligation first interview (by phone or in person) to discuss your claim and the likelihood of compensation.
No Win, No Fee
If you’re worried about costs, we can help. For most claims we offer a no win, no fee arrangement – meaning you won’t pay us if your claim isn’t successful. In many cases, insurers also cover a significant part of your legal fees. We’ll explain everything up front, so there are no surprises.
What else might I have to pay?
Sometimes there are out-of-pocket costs, called disbursements – things like medical reports that support your claim.
Often, we can negotiate with the insurer to cover these expenses. Where that’s not possible, we’ll help you explore other funding options or set up instalment arrangements, so you’re not left out of pocket unnecessarily.
How Andersons can help
At Andersons, our dedicated personal injury lawyers are here to guide you through the process with understanding and expertise. We’ll fight to protect your rights, support you along the way, and work to secure the best possible outcome.
You’ve got nothing to lose – contact us today on 8238 6666 or email enquiry@andersons.com.au to book your FREE first interview.
NO WIN, NO FEE.
You won’t pay legal fees if
your claim is unsuccessful.
