Today, people are likely to have more contact with medical professionals than ever before, regularly undergoing tests and procedures for a wide range of illnesses and injuries. You have the right to trust medical staff to look after you, but unfortunately there are times when this results in a poor or unexpected outcome for the patient. If this has happened to you, it may amount to medical negligence, and you may be able to take legal action against the health professional for compensation for any loss or damage that you have suffered as a result.
WHAT IS NEGLIGENCE?
All medical staff have a ‘duty of care’ to exercise reasonable care, skill and judgement when examining, diagnosing, treating and advising their patients. If they breach that duty, they may be liable for any harm caused and you may be able to claim compensation. Here are some examples of possible negligence by medical staff:
• failing to recognise an emergency situation
• failing to respond appropriately to an emergency situation
• using excessive force
• administering any medical procedure without the necessary level of skill, care or attention
• failing to properly warn you of unexpected outcomes
• failing to adequately monitor you
WHAT COMPENSATION CAN I EXPECT?
Compensation following a successful medical injury claim can be significant and depending on the circumstances can be in the millions. This includes compensation for:
• pain and suffering/loss of enjoyment of life
• loss of income
• past and future care requirements
• medical expenses
Where the negligence occurs in a hospital, medical clinic or by a doctor, the compensation is likely to be paid by professional indemnity insurance, depending on the terms of the policy.
WHAT TO DO NEXT
If you have been injured during a medical procedure you should seek legal advice with respect to whether a claim in medical negligence should be investigated and the steps that would be involved. Legal advice should be sought as soon as possible to ensure you comply with legislative time limitations, and while the facts are still fresh in your mind.
Please contact Nick Xenophon and Co. Lawyers on (08) 8336 888 or visit our website at www.xenlaw.com.au/medical-negligence-claim and let us help you through this often confusing and complicated medical negligence legal system, so that you can focus on your health and rehabilitation without the added stress.
FREE LEGAL ADVICE IS NOW AVAILABLE*
To give you piece of mind about engaging our services and show you how we can help, your first consultation with one of our expert medical negligence lawyers is absolutely FREE*
Furthermore, we can also work on an arrangement of NO WIN – NO FEE* (some conditions apply). This means that you will only pay our professional fees if you receive a settlement or compensation. You won’t be charged our fees if your claim is not pursued.