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 reasonable medical treatment whether they are visiting the local GP, allied health service, hospital or any other medical practitioner. 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 negligent medical treatment, be that actual treatment or the advice provided to you, 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, such that they have suffered a significant injury, may be 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 means 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
  • Cosmetic procedure injury, such as liposuction
  • 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.

Obtaining compensation from a cosmetic procedure injury

With cosmetic procedures rapidly on the rise, Australians spend more than $1B altering their looks annually. In a relatively unregulated industry, any Australian doctor with a degree is able to perform cosmetic procedures. Underqualified doctors performing cosmetic procedures can prove unsafe for some trusting patients who obtain cosmetic procedure injuries. General surgeons, general practitionerss and dermatologists who conduct cosmetic procedures often only have approval from the Australian College of Cosmetic Surgery (ACCS).

This is not recognised by the Australian Medical Board. Plastic surgeons on the other hand are required to have much more in depth training with 12 years medical and surgical training with five years additional specialisation training. These qualifications will provide accreditations from the Royal Australasian College of Surgeons (RACS) and membership to the Australian Society of Plastic Surgeons (ASPS). The media has profiled many examples of injuries obtained where the botched procedures were conducted by cosmetic surgeons as opposed to qualified plastic surgeons. In some cases the procedure or injury has been so serious regulatory bodies have taken action.

Common cosmetic procedures that could result in injury are;

  • Botox, fillers and collagen injections
  • Liposuction including High Definition Vaser, lipoplasty and suction-assisted lipectomy
  • Breast augmentation, breast reductions including male breast reduction (gynaecomastia)
  • Tummy tuck (abdominoplasty)
  • Facelift (meloplasty or rhytidectomy)
  • Brazilian butt lift (BBL, buttock augmentation, or a butt-lift)
  • Labiaplasty

Common complications from cosmetic procedures can include: hematoma, seroma, blood loss, infection, nerve damage, deep vein thrombosis and pulmonary embolism, organ damage, complications of anaesthesia, as well as scarring, disfiguration as well as psychological injuries such as depression or body dysmorphia disorder.

Where an avoidable injury has arisen as a result of medical negligence this could give rise to a claim for compensation. Talk to a medical negligence lawyer today for a discreet, free, no obligation assessment of your circumstances on 03 9034 8433.

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 from the date that you know, or ought to have known, that negligence caused you an 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. 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.