Medical Negligence

Common types of medical negligence include:

Defective Medical Products
This includes situations where medical devices, implants, or other products used in patient care are found to be faulty, leading to injury, illness, or exacerbation of existing conditions. Examples include defective hip implants or issues with pacemakers.

Surgical Errors
Surgical errors can range from operating on the wrong body part to leaving surgical instruments inside a patient’s body post-operation. These errors can lead to severe complications, additional surgeries, and prolonged recovery times.

Inadequate Postoperative Care
Postoperative care is critical to a patient’s recovery. Negligence in this area can include failing to monitor for signs of infection, not providing proper wound care, or neglecting to follow up with the patient, potentially leading to severe health consequences.

Issues Related to Anaesthesia
Anaesthesia-related negligence can occur if an anaesthesiologist administers too much, too little, or the wrong type of anaesthetic, fails to review a patient’s medical history for potential complications, or inadequately monitors the patient during surgery.

Nerve Injuries Sustained During a Procedure
Nerve damage can result from various medical procedures, often leading to long-term pain, numbness, or paralysis. Such injuries may arise from surgical mistakes, improper use of medical equipment, or failure to take appropriate caution.

General Hospital Negligence
This broad category includes errors made by hospital staff that compromise patient care, such as mismanagement of patient records, inadequate infection control measures, or insufficient staffing levels, leading to neglect.

General Practitioner Negligence
Negligence by general practitioners may involve misdiagnosis, delayed diagnosis, failure to refer to specialists, or inappropriate treatment plans, affecting a patient’s recovery or worsening their condition.

Pregnancy, Labour, and Neonatal Negligence
Negligence in this area can have devastating consequences, including birth injuries to the baby or harm to the mother due to mismanaged labour, inadequate prenatal testing, or failure to address complications.

Orthopaedic Negligence
This involves errors in the treatment of bone and muscle conditions, such as incorrect fracture management, surgical mistakes, or misdiagnosis of conditions like arthritis, leading to chronic pain or disability.

Errors with Medication and Post-operative Medication/Prescriptions
Medication errors can include prescribing the wrong medication, incorrect dosages, or failure to consider interactions with other medications, which can result in adverse reactions or failure to treat the underlying condition effectively.

Given the potential for significant impact on patients’ lives, it’s crucial for those who believe they have suffered due to medical negligence to seek legal advice. Experienced legal professionals, like those at AJB Stevens, can provide valuable guidance, helping to identify instances of malpractice and pursuing justice for affected individuals.

In Australian law, a medical negligence claim can include a wide range of healthcare providers. Anyone who delivers healthcare services and fails to meet the standard of care expected within their professional domain, leading to injury or harm, can potentially be included in a medical negligence claim. This broad definition aims to ensure that patients can seek redress when they suffer due to inadequate medical care, regardless of the type of practitioner or facility involved.

Types of medical professionals and entities that may be included are:

Doctors and General Practitioners (GPs)
These are often the first point of contact for individuals seeking medical attention. If a doctor or GP fails to diagnose a condition accurately, prescribes inappropriate medication, or provides substandard care, they can be liable for medical negligence.

Surgeons and Orthopaedic Surgeons
Given the complex and high-risk nature of surgical procedures, surgeons are held to a very high standard of care. Errors during surgery, such as operating on the wrong site or leaving instruments inside a patient, can have severe consequences and form the basis of a negligence claim.

Nurses
Nurses play a vital role in patient care, and their actions are also subject to scrutiny under medical negligence law. Mistakes in administering medication, failure to monitor a patient’s condition adequately, or not following proper procedures can all lead to claims against nurses.

Dentists
Dental professionals are responsible for providing a standard of care that avoids unnecessary harm to patients. This includes correctly diagnosing dental issues, performing procedures with care, and advising patients appropriately on follow-up care.

Radiologists
Accurate interpretation of medical images is critical in many diagnoses. Errors made by radiologists, such as failing to identify abnormalities in scans or X-rays, can lead to incorrect or delayed treatment.

Midwives
Negligence claims involving midwives typically relate to the prenatal, childbirth, and postnatal periods. Failure to manage complications during birth or provide adequate care can result in claims for both maternal and neonatal harm.

Pharmacists
Pharmacists are tasked with dispensing medications accurately and providing clear instructions for use. Errors in medication dispensing or advice can lead to adverse health outcomes.

Public and Private Hospitals
Hospitals can be held liable for systemic failures, such as issues with sanitation, patient safety protocols, or inadequate staffing levels, contributing to patient harm.

Allied Healthcare Professionals
This category includes a wide range of specialists, such as chiropractors and physiotherapists. To avoid negligence claims, these practitioners must provide care that meets the standards expected within their respective fields.

Laws vary between states and territories in Australia. In most cases, three key things must be able to be proven in order to receive compensation:
– The medical professional or hospital’s treatment did not meet Australian standards
– The poor treatment had an injury or undue suffering as a result
– The harm (physical/psychological) was directly caused by negligence

There are strict thresholds in Australia for medical negligence cases that set out how significant your injury must be in order to submit a claim. As your lawyers, AJB Stevens can advise on what this means to you once we have a full understanding of your unique situation.

Medical negligence, also known as medical malpractice, occurs when the treatment provided by a healthcare professional falls below the generally accepted standard of care within the medical community, and causes injury or harm to the patient. Determining whether you have a potential claim involves considering a number of critical factors.

Failure to Diagnose or Misdiagnosis
One common form of medical negligence is the failure to timely diagnose a condition or making an incorrect diagnosis. This can lead to a delay in receiving the correct treatment, potentially causing the condition to worsen. For a claim to be viable, it must be demonstrated that a competent professional in similar circumstances would have made the correct diagnosis and that the misdiagnosis directly resulted in harm or deterioration of the patient’s condition.

Inadequate Treatment or Referral
If a medical practitioner fails to treat a condition appropriately or neglects to refer you to a specialist when necessary, this could constitute negligence. The law expects healthcare providers to offer treatment that aligns with the current medical standards. Failure to do so, resulting in harm, may give rise to a claim.

Lack of Skill/Care in Performing Procedures
Medical procedures must be carried out with reasonable skill and care. Negligence may be claimed if a procedure is performed incompetently, leading to injuries or complications that a skilled practitioner could have avoided under similar circumstances.

Inadequate Monitoring of Condition
Patients under medical care, particularly after surgery or with chronic conditions, require proper monitoring. Negligence may occur if healthcare providers fail to monitor a patient’s condition adequately, leading to preventable complications.

Failure to Advise on Risks
Healthcare providers have a duty to inform patients about the risks associated with medical procedures, allowing them to make informed decisions about their care. A claim may arise if a patient suffers harm from a risk they were not informed about, and had they known, might have chosen not to proceed with the treatment.

Inadequate Post-operative Care
Post-operative care is crucial for recovery. Negligence claims can result from inadequate post-operative care, such as failing to prevent or treat infections, inadequate pain management, or failure to recognize and address complications promptly.

Establishing a medical negligence claim involves demonstrating that the healthcare provider owed a duty of care, breached that duty by failing to meet the accepted standard of care, and that this breach directly caused harm or injury. If you suspect you have suffered from medical negligence, seek legal advice.

To prove your negligence case, you will need to show evidence that the treatment fell below the Australian standard of care reasonably expected from a medical professional.

If the practitioner or hospital in question acted in a way that would be considered acceptable in the opinion of a large number of respected practitioners in the same field, you may not have a claim. However, we would begin by assessing your situation and organising appointments with professionals who can assess your injury and its root cause.

In most cases, a three-year time limit applies to medical negligence and medical malpractice claims. However, it is important that you seek legal advice as soon as possible to ensure that all deadlines are met. Working with AJB Stevens will ensure that anything time sensitive is immediately dealt with and your personal injury claim is lodged appropriately.

Medical negligence law in Australia compensates for a wide range of losses and damages victims suffer. This means that those who have received substandard medical care can seek financial redress for their losses and other ways in which their quality of life has been affected. Compensation can be claimed for the following:

Loss of Income
This includes compensation for income already lost due to the inability to work due to the injuries sustained, as well as potential future earnings that will be lost or diminished because of long-term effects or permanent disability. Calculating loss of income can involve complex projections and may require expert testimony.

Hospital Expenses
Victims of medical negligence can claim reimbursement for hospital expenses incurred due to the negligent treatment. This includes the costs associated with the initial treatment and any subsequent medical expenses arising from complications or the need for corrective procedures.

Rehabilitation Costs
Many victims of medical negligence require extensive rehabilitation to recover from their injuries. Compensation can cover the costs of physical therapy, occupational therapy, psychological counselling, and any other rehabilitative services necessary to aid recovery.

Home Assistance
If the injuries suffered necessitate ongoing home assistance or nursing care, compensation can include the costs of these services. This can also extend to modifications needed in the home to accommodate disabilities caused by the negligence, such as wheelchair ramps or special bathroom fixtures.

Pain and Suffering
Compensation for pain and suffering acknowledges the non-economic impact of medical negligence. This includes physical pain and discomfort, as well as emotional distress, anxiety, and depression that can result from the injuries and the subsequent changes to one’s lifestyle and abilities.

Loss of Life Enjoyment
This recognises the detrimental impact on a victim’s ability to enjoy life and participate in activities they once found pleasurable. Compensation can reflect the loss of enjoyment in hobbies, social activities, and other aspects of life that contribute to an individual’s overall happiness and satisfaction.

The specifics of what you can claim in a medical negligence case vary depending on the circumstances and the jurisdiction within Australia. Claiming compensation involves documenting the extent of your losses and proving the causal link between the negligence and these losses.

AJB Stevens can provide a comprehensive assessment of your situation and guide you through identifying and quantifying all applicable entitlements. This ensures your claim accurately reflects the full scope of the damages suffered. Get in touch with our team today to discuss your claim.

Each claim is unique, and therefore there is no standard claim payout. It’s impossible to guess how much compensation you may receive at the outset of a claim. However, once evidence is gathered, your lawyer will have a better idea of the amount of compensation you can expect.

In Australia, all medical practitioners are required to have PII (Professional Indemnity Insurance) by law. In the event of an accident or injury, the insurance company pays the compensation, not the actual person who may have performed the medical negligence.

We work hard to ensure the medical negligence compensation claim process is easy. Our top lawyers will assess your situation to ensure that you have a solid case. From there, we look further into the situation that caused your injuries, taking care to ensure we gather all the information we need. Once we have that information, we will work to seek compensation through negotiations either with insurance companies or persons at fault. If negotiations do not work then we will take your claim to Court and guide you through the Court process.

There are a few factors that can influence how long it will take from the moment you decide to pursue legal action to when you might receive compensation. Generally, the duration of medical negligence cases can vary significantly in Australia, with many claims taking anywhere from one to three years to resolve.

One of the primary factors affecting the duration of a medical negligence claim is the nature and extent of the injuries involved. If the injuries have not yet stabilised or their long-term impact is still being assessed, it can significantly delay the process. It’s essential to have a clear understanding of the full extent of the harm and any ongoing care required before reaching a settlement. This ensures that the compensation covers all necessary aspects of recovery and future care.

Negotiations can sometimes cause delays in the resolution of a medical negligence claim. In these cases, your legal team may need to negotiate with the legal representatives or insurers of the healthcare provider or facility accused of negligence. The goal of these discussions is to arrive at a settlement that adequately compensates you for the harm you suffered. However, if negotiations are difficult or there is a significant disagreement regarding the compensation amount, the process can be prolonged.

Should your case reach court, delays in the court system can further extend the timeline. Court schedules can be congested, and it may take time to get a trial date. Once in court, the proceedings themselves can be lengthy, especially if there is a lot of evidence to present or if the case is particularly complex.

AJB Stevens can provide you with an estimated timeline based on the specifics of your case, considering factors like the severity of your injuries, the complexity of the legal issues involved, and the current state of negotiations or litigation. We’ll sit down with you to discuss the details, and provide you with the best advice for moving forward.

We will keep you informed throughout the process, updating you on any developments that might affect the timeline of your claim. It’s important to remember that while the process can be lengthy, the goal is to ensure you receive fair compensation that fully addresses the impact of the medical negligence you’ve experienced. If you want to get started, or need to find out more about the timeline you can expect for your case, contact our team today and let’s get together to discuss.

At AJB Stevens, we understand that many Australians may not seek legal help for compensation cases as they believe the cost to be too much. This is why we always stand by our No Win No Fee claim. This means that if we don’t win your medical negligence compensation case you don’t pay our legal fees.

This policy backs our claim that we believe every Australian deserves the right to legal representation when they need it most, regardless of financial situation.

In some cases, we can introduce a funder to ensure that you still have access to legal services.

Begin by gathering all relevant information and documentation related to your claim. The more information you can provide, the more we will be able to assess your claim and assist your case. We may advise that you see a professional expert as well and may ask that you share information with them as well during your assessment.

If you are unable to provide documentation, the professional expert will still do their best to address your concerns based on any other information we can give them.

You can always represent yourself during a medical negligence claim. However, the law surrounding medical negligence is complicated. This is further complicated by the hard truth that medicine itself is a difficult practice, and medical providers can’t be expected to be perfect. Sometimes treatment is unsuccessful or results in injury, but this is not sufficient evidence to bring about a medical negligence claim. You will need to prove your treatment was more than a reasonable mistake.

That’s why it’s important to talk to professionals who understand the complexities of the law in relation to the medical profession. If you think you’ve experienced medical negligence, contact us today and we can help you better understand the process and advise you on your options.

No. AJB Stevens handles a variety of legal disputes, including will & estate disputes, criminal law, compensation, and family law. If you have a case that involves any of these areas, we’re happy to hear your story and help advise you on next steps.

When you’re ready to talk, we’re ready to listen. To learn more about medical negligence and how we can help you, contact the team at AJB Stevens.