Medical Negligence is a complex area of Law. Here are your top 5 questions answered!
Can I sue my doctor?
Under Australian Law, your doctor, hospital or other medical service provider must treat you in a competent and professional manner. If they fail to do so, they may be held liable for the injury and loss you suffer as a result of their negligence.
Do I have a medical negligence claim?
You need to establish three elements:
- The doctor owed you a duty of care;
- The doctor breached their duty of care; and
- The doctor’s breach caused you to suffer injury.
What type of medical care can be considered negligent?
Medical negligence covers a wide range of situations including:
- Delayed diagnosis
- Misdiagnosis
- Failure to warn
- Failure to prescribe the correct mediation and dosage
- Failure to provide appropriate treatment
- Failure to perform surgery with ‘reasonable care’ and skill
- Failure to provide appropriate post-operative care
- Failure to provide referral to a specialist
- Failure to return correct test results
- Failure to correctly monitor pregnancy/birth.
What sort of compensation am I entitled to?
Depending on your circumstances you may be entitled to compensation for –
- Pain and suffering
- Loss of earnings and superannuation
- Medical expenses
- Home and vehicle modifications
- Domestic assistance
What should I do if I believe my doctor was negligent?
It is important to seek legal advice as soon as you can. This is because you must commence court proceedings within three (3) years from the time you became aware of your injury.
The law is complex and your claim requires thorough preparation by an experienced lawyer.
Over the years, Peter Moore has helped thousands of clients get the compensation they are entitled to. Call Peter Moore, Compensation Lawyer on 4324 7699 to find out where you stand.
