Medical Negligence Solicitors and Lawyers

Medical negligence causing injury

Healthcare practitioners have a duty to exercise reasonable care and skill in the provision of medical treatment. Everyone has the right to expect proper treatment whether they are visiting the local GP, allied health service, hospital or any other medical practitioner and can reasonably expect they will be given the proper and correct level of care. While there are no guarantees in medicine, no patient should have to suffer because of medical negligence. If you have been injured as a result of these kinds of circumstances, or because of inappropriate advice or treatment, you may be eligible for compensation through the Common Law.

Medical Negligence Lawyers in Victoria

Although Australia is generally considered to have a very high standard of medical care you might be surprised to learn that we also have one of the highest rates of clinical errors in the developed world according to a health care study. Thousands of people are injured (often permanently) or die as a result of negligent medical professionals. Many are also hospitalised due to errors in medication.

These errors and levels of negligence are not acceptable and anyone who has become ill or injured because of these mistakes is entitled to compensation as a result. This is so you can properly recover, replace lost wages lost during the recovery stage or to set yourself up to be able to cover your expenses if this injury or illness mean you are no longer able to work in the profession where you are trained and skilled.

A few examples

There are many different situations where a doctor, dentist, specialist or other health-care providers could be negligent and a malpractice suit is launched as a result, such as:

  • Anaesthetic errors
  • Birth related complications including C-sections, stillbirths and cerebral palsy
  • Incorrect prescriptions
  • Failure to adequately follow up
  • Failure to provide appropriate after-care
  • Errors made during surgery
  • Unnecessary surgery
  • Laboratory results misread or not acted upon
  • Failure to refer for specialist advice
  • Symptoms not recognised
  • Wrong dosage for medications
  • 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 Common Law 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.

In order to pursue a claim for damages for pain and suffering it is necessary to establish greater than 5% permanent impairment for a physical injury (other than spinal injury) or a permanent impairment of 10% or more for a psychological injury.

Our medical compensation lawyers help you prove your case

A bad outcome from a procedure does not necessarily mean the doctor was negligent. It ultimately comes down to whether the practitioner failed to provide treatment to an acceptable standard and that the failure to do so is the cause of your injury. This can be difficult to prove, but it’s why you need specialist medical negligence lawyers and solicitors on your side. We are experts in this particular area of law and know exactly what it takes to achieve a successful outcome.

Time is critical

As time limits apply for filing a claim you should not delay. In most cases, a claim needs to be brought within three years of the date of injury, although exemptions can apply. If you are not sure if your circumstances would give rise to making a claim contact our team as soon as possible after the potentially negligent act occurred and we will assess your situation free of charge.

Why choose Arnold Thomas & Becker?

As leading medical negligence solicitors in Victoria, our team of fearless, dedicated and experienced experts has a proven track record in achieving excellent outcomes across wider Australia. With offices in Melbourne CBD, Richmond, Craigieburn, and Werribee we have been achieving exceptional results for over 50 years. We will help you obtain the justice and full compensation you deserve.

Call in or phone us on 1300 333 300 to speak directly with a lawyer. There is no obligation or consultation fee. In most medical negligence cases our no-fee policy applies meaning you don’t pay any legal fees unless we win your case. In some circumstances, we may arrange funding to cover any out of pocket costs.

Our experienced team is also available for a wide range of other personal and class action compensation claims as well. This includes any personal injuries you may have incurred at home, in public spaces, at events or in the workplace, where you can be eligible for compensation even if these injuries were caused by your own actions. We can also assist anyone who has been involved in a road accident in Victoria, where you may qualify for compensation even if you were at fault in the accident. And if you have become permanently ill or injured for any reason, we can help you make a claim through your superannuation so that you are able to make ends meet.