Medical Negligence FAQs WHAT ARE SOME EXAMPLES OF MEDICAL NEGLIGENCE? Failing to warn of risks associated with particular treatments;Failing to diagnose;Delayed diagnosis of a medical condition;Misdiagnosis of a medical condition;Delayed or insufficient treatment;Surgical errors. CAN I MAKE A MEDICAL NEGLIGENCE CLAIM? Not every injury which occurs while a patient is under the care of a health professional will be negligent and sound in damages. The patient will need to prove, among other things, that the health professional’s conduct fell below a reasonable standard of care appropriate to the particular circumstances.A health professional that provides a professional service in a manner that is widely accepted in Australia (at the time the service is performed) as a competent professional practice is unlikely to be negligent. TO WHAT EXTENT DO I HAVE TO BE INJURED BEFORE I CAN MAKE A CLAIM? In Victoria, an injured patient is entitled to make a claim for damages for pain and suffering provided he or she is assessed by a medical practitioner as having (or exceeding) a threshold level of permanent impairment (injury) as set out by law. It is possible to proceed with a claim for loss of earnings, out of pocket expenses and costs of care even if a permanent level of impairment cannot be proven. HOW IS MEDICAL NEGLIGENCE PROVED? One essential element to be proved in a medical negligence claim is that the negligence of the health professional was the cause of or contributed to your injuries. I’M SCARED OF GOING TO COURT. CAN I STILL MAKE A CLAIM? It is our experience at Arnold, Thomas & Becker that a large proportion of our client’s claims settle at mediation and never reach trial. Unfortunately, we cannot guarantee this outcome however we will do our very best to settle your matter as early as possible.