Medical negligence claims in Western Australia
Claims against doctors, hospitals and other providers run under the Civil Liability Act 2002 (WA) and need expert evidence that the care fell below a reasonable standard and caused the harm. The 3-year limit runs from when you became aware of the injury and its cause, with extensions possible for late discovery.
What counts as negligence
Not every bad outcome is negligence. The question is whether the treatment fell below the standard a reasonable practitioner would have met, and whether that failure caused harm you would not otherwise have suffered. Misdiagnosis or delayed diagnosis, surgical errors, medication errors, birth injuries, and failure to obtain informed consent are the most common grounds.
How these claims run
Your lawyer obtains the records, briefs an independent specialist in the same field, and only proceeds if the expert supports the claim. Most resolve by negotiation with the provider’s insurer or medical defence organisation. A complaint to the state health complaints body can run in parallel but does not pay compensation.
What you can claim
- The cost of corrective treatment and ongoing care
- Lost income and earning capacity
- Pain and suffering above the state threshold
- Care, equipment and home modifications for permanent injury
- In birth injury cases, lifetime care for the child
Evidence to keep
Claims are won on what can be proved. Keep:
- Your complete medical records, which you are entitled to request
- A timeline of symptoms, appointments, and what you were told
- Names of the practitioners involved
- Discharge summaries and test results
- Any complaint lodged and the response
What happens when you call
We ask what happened, where, when and who was involved. If it looks like you have a claim we match you with a panel lawyer in Perth who handles medical negligence matters, and they call you for a free first consultation, usually within one business day. If your claim has merit it is run on a no win no fee basis with a written costs agreement before any work starts. If it does not, we will say so rather than waste your time.
How long it takes
Straightforward claims with clear liability often settle within 12 months. Serious injuries take 18 months to 3 years because your injuries have to stabilise before they can be valued, and impairment assessments cannot be done earlier. Interim payments for treatment and income are available under most schemes while the claim runs.
Common questions
Is a bad outcome the same as negligence?
No. You must show the care fell below the standard a reasonable practitioner in that field would have provided, and that the failure caused harm you would not otherwise have suffered.
Should I complain to the health complaints body as well?
You can, and it may help, but a complaint does not pay compensation. The two processes run separately.
How long does a claim take?
Longer than most personal injury claims, typically two to four years, because expert opinion must be obtained before the claim is even put.
How long do I have in Western Australia?
Claims against doctors, hospitals and other providers run under the Civil Liability Act 2002 (WA) and need expert evidence that the care fell below a reasonable standard and caused the harm. The 3-year limit runs from when you became aware of the injury and its cause, with extensions possible for late discovery.
In more detail
Full guide to medical negligence claims in Western Australia
Our expert panel of medical negligence lawyers servicing Perth and greater WA are here to advise you on any form of clinical malpractice.
If you or a loved one has suffered due to medical negligence, it’s likely to have affected your career, income, family and social life. You may have been incapacitated or felt chronic pain. If this sounds like you, you may be entitled to no win no charge compensation.
Compensation can help you receive the support and rehabilitation you need. It may also cover (partially or wholly) lost income due to taking time off work, or costs associated with recovery. If you or a loved one is in pain, it’s often our last wish to get entangled in a legal case.
The local specialists at Millner and Knight are on call to answer your questions and offer free, impartial advice. You can get in touch with us on 1800 106 107 or fill in our secure online form to request a callback. There’s no obligation to proceed.
Are You Entitled to a Hospital Negligence Claim?
If you or a loved one were unfortunate enough to experience negligent care during a hospital admission and suffered as a result, then you may be able to make a claim.
The best way to find out is to speak to us for free on 1800 106 107. We’ll never rush or pressure you into making a claim – we are here to provide support and advice.
The decision whether to claim is up to you. If you do decide to pursue a claim, we can put you in touch with a specialist lawyer who can take your claim to the next level. They will answer your questions and use the full extent of the law to make sure you get what you’re entitled to.
What is a ‘Duty of Care’?
All health professionals take a Hippocratic oath – “do no harm.” However, legally they have a “duty of care” to you as a patient. This means upholding that oath by doing all they can to cure and comfort you.
They must maintain a high standard of care so that you do not suffer any further injuries or distress – the hospital that provided your care will have a set of patient rights and expectations that they must abide by.
Types of Medical Negligence
You may have experienced one or more types of hospital negligence. We’ve listed some examples below. Don’t see your case? Call us on 1800 106 107 and we can figure out if you can still make a claim.
- Being given the wrong medication or dosage, or given a medication you are allergic to
- Errors during surgery
- Substandard level of care during childbirth that resulted in complications
- Suffering from needle-related injuries
- Anaesthetic complications
- Emergency room triage/negligence
- Delayed treatment or misdiagnosis
- Contraction of infection
Are you entitled to make a medical negligence claim? Check your eligibility here.
Hospital Infections
In rare but often debilitating cases, substandard sanitation and disinfection procedures can cause infections while you are a patient. Some of these can have dire consequences, and can even be lethal.
There are lots of infections you could suffer from due to a hospital visit, such as:
- Bacterial infections
- Viral infections
- Infection of surgery sites
- Urinary tract infections
- Infections of the bloodstream
- Infections of the skin and soft tissue
Hospitals and staff should make every effort to ensure their premises are sterile and safe.
What type of negligence claims can we help you with?
Some of the most common types of medical negligence claims we handle include:
- Misdiagnosis
- Infections
- Wrongful amputations
- Mistreatment
- 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.
About Your Compensation
Everyone expects to leave a hospital in better shape than when they went in. Leaving sicker is a violation of a medical professional’s oath to “do no harm.”
Compensation can not only support your recovery, it can also help to highlight hospital safety issues to prevent the problems you experienced from happening again.
Our specialist medical negligence lawyers will take steps to capture impact your injury or experience has had on your life and will take this into consideration when preparing your claim.
For example, they’ll account for any expenses caused by your injury including further treatment and time off work.
They’ll also consider the wider effects of your injury on your family, social life and hobbies – suffering an injury can be mentally tough as well. Compensation can help people regain their independence and confidence. You can reach us online or on 1300 106 107 for free advice. We can let you know whether you could make a claim and if it is eligible for a CCA agreement. There’s no obligation to proceed.