Medical Negligence

Medical practitioners have a duty to exercise reasonable care and skill in the provision of medical treatment. If you have been injured as a result of negligent medical advice or treatment, you may have a Common Law claim for damages. Medical negligence claims often arise as a result of:

• mistakes made in medical treatment, such as during surgery;
• misdiagnoses;
• failures to adequately warn of the risks involved in medical treatment; or
• failures to provide adequate treatment.

A claim for damages usually includes compensation for:

• Pain and suffering
• Loss of enjoyment of life
• Past loss of earnings
• Loss of future wages
• Past and future medical expenses
• The cost of care provided to you by family members or professional care providers 

Your time limit to issue proceedings in Victoria is usually three years from the date on which the negligent act occurred and you were aware of the negligence and the severity of the injury. In certain limited circumstances, you may also be able to bring a claim beyond this period.

In order to pursue a claim for damages for pain and suffering it is necessary to establish a 6% permanent impairment for a physical injury or an 11% permanent impairment for a psychological injury.  The assessment cannot be made unless your injury is stable. 

We can assist you pursue a claim for loss of wages and out of pocket medical expenses even if you are not 6% impaired or 11% psychologically impaired.

Our solicitors have extensive experience in medical negligence claims and would be pleased to discuss your potential entitlements with you during a no-obligation free first interview.