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Medical negligence is a form of personal injury compensation and can be claimed when a medical professional’s behaviour doesn’t meet the appropriate standard of care - resulting in an injury or loss. Medical practitioners/professionals must follow a certain ‘duty of care’ and if there is a breach of this duty, it is important that you try and establish that there has been medical negligence in order to successfully make a claim.
Many people get confused between medical negligence and medical malpractice - both of these terms mean the same thing! ‘Medical malpractice’ is more commonly used in the USA.
To establish whether or not there has been medical negligence, there are some questions you might want to consider:
- Did you suffer injury or loss as a result of the treatment?
- During the treatment, did your medical professional treat you below the standard of care
- Could your injury or loss have been avoided if proper precautions were taken?
If all of these apply to you, you are most likely going to be able to apply for personal injury compensation in Sydney.
What qualifies as medical negligence - Sydney personal injury compensation lawyers explain…
Medical negligence can result from a range of medical, therapeutic and dental treatments where there has been negligence during the process which does harm to the patient. If medical negligence has occurred, you have the right to sue responsible parties. However, the key element in these cases is trying to prove that the injuries could have been reasonably foreseen by another medical practitioner.
A poor clinical outcome does not mean negligence has occurred
All clinical procedures carry inherent risks. Whether you are undergoing a dental surgery or a nose reconstruction. However, is important these risks have been explained to you. If they have the failure of the procedure doesn’t necessarily constitute negligence. Medical negligence does qualify when the poor clinical outcome is as a result of a breach of duty of care.
What to do if you suspect medical negligence: personal injury compensation Sydney
If you believe your injury/loss is due to medical negligence and a lack of care, it is crucial you reach out to a personal injury compensation claim lawyer in Sydney as soon as possible. Medical negligence claims are complex and can be very difficult to prove - and the earlier you pursue it, the better. Personal injury compensation claim lawyers in Sydney will be able to assess your situation and provide their opinion on whether your claim is likely to succeed. If the lawyer thinks you have a claim, they will most likely consult with a medical expert to confirm the likelihood of success. When they do take on the case, they will most likely need a report from a medical expert as a part of the evidence to support your claim.
Personal injury compensation: how much can I receive for medical negligence?
Depending on your case, compensation claimed will vary. It can range from tens of thousands of dollars to millions of dollars. Compensation amounts can include:
- Lost income - past income lost through the time you have taken off including future earnings that you will miss out on as a result of your injuries
- Medical expenses - resulting from the injuries
- Travel expenses - to and from medical treatments and appointments
- Domestic assistance - the cost of people caring for you
- Pain and suffering - an amount to compensate for your pain and suffering
If you think you can make a medical negligence compensation claim, Prominent Lawyers can help. Our expert personal injury compensation lawyer team will always try to achieve a result that sticks to the law and takes into account the full extent of what you’re going through. We will help you understand all your options and give you the best chance of getting on with your life.
Contact us for an obligation-free consultation on 1800 77 66 46.
