Have you or a loved one suffered under someone else’s care? If so, and our medical negligence lawyers can prove that malpractice took place, then you may be entitled compensation.
- In New South Wales medical practitioners have a duty of care towards their patient’s
- treatment sometimes come with unexpected outcomes which may not warrant a claim
- according to the NSW Health Care Complaints Commission, you can file a complaint against anyone involved.
- complaints commonly arise from hospitals, doctors, nurses, assistants, lab personnel, dentists and pharmacists
- if you’ve suffered a physical injury or if your psychological health has been affected as a result, we can help
- all claims are handled according to our strict risk free policy
What is medical negligence?
Medical negligence, clinical negligence and medical malpractice are terms used by lawyers to describe when someone, (usually a patient) has been injured due to a mistake or negligent act committed by a medical professional or organisation. Some of the most common instances in Sydney and New South Wales include:
- failure to diagnose a condition
- misdiagnosis of a condition
- error during surgery or medical procedure
- administering the wrong drugs
- failure to warn about the risks of a treatment or procedure
- hospital acquired infections
Please don’t worry if you or a loved one has suffered in a way we have failed to mention in the above list as we still might be able to help.
How can you prove medical negligence?
With negligence claims in NSW, a specialist solicitor must establish two things:
- First of all, prove that malpractice has taken place
- Secondly, with medical negligence cases, a solicitor must prove a breach of duty
Sadly, if the treatment came with an outcome that you don’t like, that doesn’t necessarily mean you have a claim. You also won’t have a malpractice claim if there is a reasonable mistake that a medical professional has made. Your medical professional must show that they provided the standard of care that a reasonable body of others in the same field would regard as acceptable.
If you think your medical clinician hasn’t done something right, then call us free on 1800 106 107 for a no obligation quote and to determine whether or not you have a claim.
What does medical negligence compensation cover?
- Economic loss such as lost wages, superannuation and future lost earnings
- pain and suffering if your injuries are found to be at least 15% of a most extreme case.
- loss of amenity
- care costs as well as future costs associated with care you’re expected to need in the future
New South Wales Legislation makes sure that you have certain rights when you have been injured as a result of negligence.
Examples of malpractice
Some of the most common types of medical negligence claims include:
- wrongful amputations
- birth errors
- delayed treatment
- GP neglect
- incorrect reporting of test results
- care home neglect
- worsening existing conditions
- hospital neglectfulness
- General malpractice
- Dental negligence
Please don’t worry if the neglect you suffered isn’t mentioned in the list above as we will more than likely still be able to help.
How to make a medical negligence claim
If you suspect you have been a victim of negligence in New South Wales, you can call our Sydney head office to speak to a lawyer who specialises in matters like yours. Your case will be assessed for free in strict confidentiality and there won’t be any pressure to start legal proceedings.
If you have a valid case a lawyer will then discuss their legal fees with you and let you know if you can take advantage of no win – no fee. If your happy at this point and wish to pursue damages, legal proceedings will commence.
To make an enquiry about pursuing damages, call us free on 1800 106 107.
Making a medical negligence claim on behalf of someone else?
Our medical negligence lawyers can help you if you need to make a claim on behalf of someone else, such as a loved one. For example, If your child or someone close to you has been injured, we can tell you exactly how to go about representing them. When someone takes on this role, they become the persons ‘litigation guardian’ throughout the malpractice claim. You can find more information here about taking on this role here.
Whichever route you choose to take on the journey to compensation we’ll never pressure you into making a decision, and quotes from our solicitors are obligation free.