Medical Negligence Medical negligence causing injury 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 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. 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 errorsBirth related complications including C-sections, stillbirths and cerebral palsyIncorrect prescriptionsFailure to adequately follow upFailure to provide appropriate after-careErrors made during surgeryUnnecessary surgeryLaboratory results misread or not acted uponFailure to refer for specialist adviceSymptoms not recognisedWrong dosage for medicationsMistakes made in medical treatment, such as during surgeryMisdiagnosesDelay in diagnosing or treating your conditionFailures to adequately warn of the risks involved in medical treatment; orFailures to provide adequate treatment. A Common Law claim for damages usually includes compensation for: Pain and sufferingLoss of enjoyment of lifePast loss of earningsLoss of future wagesPast and future medical expenses; andThe 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. How to prove medical negligence causing injury A bad outcome from a medical procedure does not necessarily mean the doctor was negligent. It ultimately comes down to whether the medical 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 lawyers in Victoria, our team of fearless, dedicated and experienced experts has a proven track record in achieving excellent outcomes. 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.