Medical Negligence

Our Expertise

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;
  • delay in diagnosing or treating your condition;
  • 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; and
  • 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 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 (other than spinal injury) or a permanent impairment of 10% or more for a psychological injury.

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 10% 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.

If we believe the case is likely to be successful, in most circumstances we will pursue your claim on a ‘no win, no fee’ basis.

Why do I need to engage Medical Negligence Lawyers?

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 (other than spinal injury) or a permanent impairment of 10% or more 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 10% 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.

 

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 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.

If you don’t win, there’s no fee.

We operate on a ‘no win, no fee’ payment system, which means there are no costs upfront and you only have to pay us if you win.
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