Medical Law

What is medical negligence?

The care you receive from your doctor, nurse, hospital or other health care agency can have a very significant impact on your health and wellbeing.

Generally Australia has a high standard of health care and most of us are lucky enough to always receive good care. 

Sometimes, however, poor medical treatment can cause or worsen injuries.

A medical negligence claim may arise if a lack of care and skill in the performance of medical treatment has caused an injury or bad outcome.  This can also be called a ‘medical malpractice’ claim.

Of course, not all bad outcomes are due to negligent treatment. Sometimes the best medical treatment cannot prevent illness or injury. 

Do I have a claim?

To determine if you have a claim in medical negligence, you must be able to prove three important things;

• that the treatment you received showed a less than reasonable level of care, skill and expertise;
• that you have suffered some injury or damage; and  
• that the lack of reasonable care taken was the cause of your injury or damage.

How long do I have to make a claim?

Across Australia time limits apply to your right to bring a claim in negligence.  If you think you may have a claim or you have an inquiry about the treatment you have received, you should contact a medical negligence lawyer as soon as possible.  Medical negligence is a particularly complex area of law and any potential claim must be investigated thoroughly.  To avoid losing your right to sue for damages, you and your lawyer must act quickly.

What happens if I win a medical negligence claim?

If you can prove that your injury was caused by negligent treatment, you may be eligible for financial compensation.  Compensation for negligence is intended to reimburse you for the costs of your injury. It is not intended to punish the negligent party.  The amount of money awarded in compensation reflects the level of pain and loss suffered, not the nature of the negligent treatment.

Compensation may be paid for:

• general damages for pain and suffering and the loss of enjoyment of life;
• the cost of medical expenses and treatment arising from your injury;
• the lost wages and income caused by the injury; and

in some cases you may be able to receive compensation for the care provided to you by family or friends, even when that care was provided at no charge.