Medical Negligence Claims 
Doctors, hospitals and other health care providers have a duty to take proper care when treating their patients. If a patient suffers injury as a result of inadequate skill and care – medical errors – the patient or their family may be able to make a claim for financial compensation.
As well as claims for medical negligence (sometimes called clinical negligence or medical malpractice), claims may be made for ‘failure to warn’ or lack of informed consent, where a doctor has not fully explained the risks of a procedure or medication, which the patient would then have refused.
Medical negligence claims are quite complex. Not all poor outcomes will result in a claim – there must be a lack of reasonable care, and it is crucial to demonstrate a connection between the error and the poor outcome.
What are some examples of medical negligence?
There are many examples of medical cases as there are different types of medical advice & treatment. The following are just a few:
- Antenatal testing failures
Failure to recommend testing or errors in reading tests for conditions such as Downs Syndrome. Many of these cases are for the costs of raising the child, following the High Court decision of Cattanach v Melchior.
- Pregnancy & labour management
Failure to monitor and treat gestational diabetes or respond to foetal distress. Such cases generally relate to injury to the child, such as for cerebral palsy. See for example Hills v State of Queensland.
Damage to major structures. Factual situations vary, but see for example the endoscopy claim of Marko v Falk which ultimately failed.
Errors performing a tubal ligation or vasectomy. Many of these cases are for the costs of raising the child, following the High Court decision of Cattanach v Melchior.
Prescribing the wrong medication or an excessive dose. Factual situations vary, but see for example Schultz v Bailey.
How do I know if I am eligible to make a claim for medical negligence?
Negligence is a very specific concept, and not every failure or error made by a health care provider will be negligent. The key question will be whether the care or advice fell below a level which was widely accepted as competent treatment by a peer opinion at the relevant time, in Australia.
How is medical negligence proved?
It is essential to prove that the negligence caused or contributed to the injuries for which compensation is being claimed. This is often the most difficult aspect of a claim. Treatment may have been provided in a negligent way but if no harm or injury results a claim will probably not be viable.
What does compensation cover?
Compensation is intended to reimburse a patient for losses. The amount calculated is based on the damage or harm and loss suffered. It does not relate to the degree of the provider’s negligence.
Compensation payments may include the following:
- past and future medical treatment expenses
- past wage loss with interest, and future wage loss
- damages for pain, suffering and loss of enjoyment of life
- personal care or nursing assistance provided by agencies or sometimes without charge by family or friends
If I believe I have a medical negligence claim, what should I do next?
It is important that you contact a lawyer with experience in medical negligence as soon as you can to make sure your interests are looked after.
Medical negligence claims are among the most complex compensation claims. Strict time limits apply, so early investigations are needed. The medical issues accompanying claims are often complex, as is the calculation of fair compensation.
That’s where Slater & Gordon can help. Our experienced medical negligence lawyers can advise you whether you are eligible to make a claim and, if so, develop the most appropriate strategy to ensure that you have the best chance of securing fair financial compensation for your injury.
Whatever your circumstance, time is of the essence – early investigation and action may be critical to the success of your claim.
What can I expect if Slater & Gordon handle my medical negligence claim?
Slater & Gordon’s commitment to protecting the rights of medical negligence victims and their families is backed by a solid track record of experience acting for medical negligence victims and a demonstrated interest in medical negligence law, law reform and education.
Our medical negligence lawyers have the experience, strategy and focus to make sure that your claim is processed efficiently and with minimal stress.
A Slater & Gordon lawyer will provide you with advice on a confidential no-obligation basis.
Medical negligence litigation can be expensive. Slater & Gordon's No Win - No Fee™ scheme is available for suitable medical negligence claims. The scheme is designed to help those whose financial circumstances might otherwise deny them access to legal representation.
If offered No Win – No Fee, you are only liable to Slater & Gordon for the professional fees incurred in your claim, if your claim is successful. You may be required to make a contribution towards the cost of medical reports.
We will provide you with a written agreement, which explains the terms and conditions of our No Win No Fee scheme. The fee agreement clearly sets out your rights and responsibilities and explains how legal costs are calculated. It will also set out the circumstances, in which you might become liable for the costs of the other party.