Medical Negligence
Medical Negligence Lawyers
Supporting You Every Step
Medical negligence occurs when medical treatment falls below an acceptable standard, resulting in serious harm or injury to the patient.
Doctors have a duty of care to exercise reasonable care, skill and judgement when examining, diagnosing, treating and advising you. If they breach that duty, they may be liable for any harm caused and you may be able to claim compensation.
We are delighted that we found Barbante Personal Injury Lawyers to manage our compensation case. They have a wealth of knowledge and vast experience. More importantly, they gave us support too. Thanks for providing us with a genuine service and affordable fees. You made it so simple. We appreciate your help.
Cheyenne D
You Could Be Entitled to the Following Benefits
Medical Expenses
You could be entitled to claim the reasonable associated costs for treatment expenses. This can include the cost of medical appointments, medical procedures, medication and occupational rehabilitation services.
Lost Wages
If you are unable to work or can only perform modified duties or work reduced hours due to your injury, you can make a claim for loss of income, both past and future. This is in addition to medical treatment and travel expenses.
Common Law Damages
You may be entitled to compensation for pain and suffering, as well as the loss of enjoyment of life caused by a physical injury, psychological injury, or both.
Medical negligence is a complex area of law.
Any potential claim must be investigated thoroughly.
It can be a complicated process, especially when the negligence may have resulted in a loved one’s serious injury or death.
Time limits on medical negligence claims apply, so it’s best to contact us as soon as possible to assist with your case.
We Will Assist You Through Each Stage and Work to Achieve the Best Outcome
Step 1
Attend Your Free Appointment
We will discuss your injury and determine if you have a claim. This includes letting you know your legal rights and entitlements, our fee arrangement, and the next steps involved should you proceed.
Step 2
Investigate Your Claim
Once you choose to proceed, we will obtain your medical records to understand the incident and the treatment of your injuries. We will also arrange for you to be examined by independent medical examiners to prove that your injury satisfies the impairment threshold and that the treatment you received was below the accepted standard of care and expertise.
Step 3
Issue Proceedings
If the independent evidence we gather supports your case, we will lodge court proceedings on your behalf. Your case will move through a number of stages in the court process that allows for the parties to exchange documents and narrow the issues in dispute.
Step 4
Resolution
In most cases, your claim can be resolved without going to court. During legal proceedings, parties will get together to discuss the resolution of your case at mediation. A vast majority of cases that reach this stage settle at this point. If it is necessary to go to court, we will guide you through court proceedings.
Medical Negligence FAQ
You could be qualified for a medical negligence claim if you have suffered physical or psychological harm due to the negligent treatment you received from your medical provider.
You can claim the following for medical negligence:
- Failure to perform surgery or provide post-operative care with reasonable care and skill
- Delay in diagnosing or providing the appropriate treatment or referral
- Failure to provide the proper treatment or referral
- Incorrectly prescribing or administering medication
- Misdiagnosis or failure to diagnose a condition
- Making an existing condition worse
- Incorrectly reporting test results
- Anaesthesia errors
- Defective products
- Surgical errors
The following types of medical professionals are recognised:
- Allied healthcare professionals. This includes but is not limited to chiropractors and physiotherapists
- Dentists
- Doctors
- General Practitioners (GPs)
- Midwives
- Nurses
- Orthopaedic surgeons
- Pharmacists
- Public and private hospitals
- Radiologists
- Surgeons
For your medical negligence claim to be successful, you must be able to prove that:
- There must have been a breach of duty – this means that the treatment you have received was negligent (breach);
- The negligent treatment must have caused you damage that would not have occurred otherwise (causation); and
- You must have suffered an injury because of that negligence (injury).
When speaking with someone about their potential claim, we will ask them questions.
The medical negligence case thresholds are strict and must be determined correctly before your claim can proceed. Medical negligence is a complex area of law, and we will explain what this means to you once we understand the facts of your situation.
At Barbante Personal Injury Lawyers, we know this can be stressful. We will explain your claim in plain English and provide the support you need.
There are often three types of independent expert evidence we will need to obtain:
- The first is an independent assessment that the medical treatment you received was substandard and may constitute negligence.
- The second is a specialist medical opinion stating that the substandard treatment has caused your injuries.
- The third is a medical expert who can certify the extent of your ongoing injuries using the American Medical Association Guides to the Evaluation of Permanent Impairment. For a pain and suffering medical negligence claim, your injuries must be certified as exceeding 5% of the whole person for a physical injury and 9% of the whole person for a psychiatric injury.
The above opinions are needed to determine if a claim is likely to be successful.
All medical practitioners in Australia are required by the law to have Professional Indemnity Insurance (PII). Therefore, in the event of an accident or injury, the Insurance company will pay compensation and not the actual person who was negligent in their conduct.
You could be eligible to claim the following:
- Costs associated with a trustee managing your money
- Home and vehicle modification expenses
- Loss of life expectation
- Paid care and help such as nurses
- Pain and suffering and loss of enjoyment of life
- Past and future loss of earnings
- Past and future medical expenses, such as surgery and equipment
The compensation you receive for your injury is based on the harm and/or loss suffered rather than the degree of negligence.
As a result, the compensation’s monetary value is placed on the gap between your standard of life before the incident and your standard of life since the incident.
Every medical negligence case is different, and it is hard to say how long it will take from the outset. However, we will assess and prepare your case from the beginning and do our best to hurry the process.
In Victoria, a three-year limit is present for medical negligence cases. The three-year limit starts from the date of the negligent act and, in some cases, from the date the negligence was discovered or should have discovered all the following facts:
- That an injury has occurred;
- That the injury was caused by the fault of another;
- That the injury is sufficiently serious to justify bringing a claim.
Therefore, a claim can be outside the time limits if the injury or harm was not immediately apparent.
With over 40 years of specialising in personal injury law, we have a proud history of acting for injured people.
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Public Liability
If you have been injured in a public place and it was someone else’s fault, you could be entitled to Public Liability compensation.
WorkCover
If you have been injured or suffer from an illness that you think might be related to your work, you may be able to claim compensation through WorkCover.
TAC
You may be entitled to compensation if injured in a motor vehicle accident.
