Medical Negligence

What is Medical Negligence?

A health care provider such as a hospital, doctor, or nurse owes you a duty of care as a patient, and they must provide treatment to you at the required standard of care.

Medical negligence may occur as a result of an act of omission by a health care provider which causes injury or harm to a patient under their care. A health care provider includes a hospital, doctor or nurse and other health general health professionals. A health care provider owes you duty of care as a patient and must provide treatment to you at the required standard of care. For medical negligence to be proved, the act or omission must be proved to fall below this standard of care, and you must have suffered injury or harm as a result. Contact White Jordin Lawyers and we can assist you in making a claim for compensation.

You may be able to make a claim for compensation for medical negligence if:

1. A health care provider such as a hospital, doctor, or nurse has breached their duty of care to you as a patient by providing treatment below the standard of care; and

2. You suffered an injury as a result of the health care provider’s breach of that duty.

Examples of medical negligence

Failure to diagnose a condition
Delay in diagnosing a condition
Failure to perform surgery at a reasonable standard
Failure to carry out proper pregnancy testing
Failure to test for conditions such as Down’s Syndrome
Failure to manage the birth at a reasonable standard
Failure to provide post-operative care at a reasonable standard
Failure to report correctly on test results
Failure to provide appropriate treatment
Failure to refer you to an appropriate specialist

If a health care provider has failed to fully explain the risk of a procedure or treatment to you, and you would not have proceeded with the procedure or treatment if you knew the full risks, and have suffered an injury as a result of the procedure or treatment, you may be able to make a claim for compensation.

There are many types of medical negligence cases. If you believe your health care provider has been negligent, it is important that you contact White Jordin Lawyers as soon as possible.

How long do I have to make a claim for compensation?

You have 3 years from the date of the medical negligence to make a claim for compensation. It is important that you contact a lawyer as soon as possible, as by law there are steps that have to be taken before the 3 year time limit expires.

What does a medical negligence claim involve?

  • What does a medical negligence claim involve? – 1

    We speak with you and your family members to obtain detailed information of about what happened.

  • What does a medical negligence claim involve? – 2

    We obtain a copy of your medical records to investigate what happened.

  • What does a medical negligence claim involve? – 3

    We send a notice to the health care provider that you are making a claim. They are now the Respondent to your claim. Within 1 month they will provide your medical records to us. We then have 12 months to obtain a medical report stating the health care provider was negligent and the negligence caused you injury.

  • What does a medical negligence claim involve? – 4

    We contact a medical expert to discuss your claim and have a report prepared. The report and a document called a Part 1 Notice of Claim is sent to the Respondent.

  • What does a medical negligence claim involve? – 5

    Within 2 months we prepare a document called a Part 2 Notice of Claim which sets out any financial loss you have suffered as a result of not being able to work and what rehabilitation you have undergone.

  • What does a medical negligence claim involve? – 6

    We contact medical specialists to obtain reports regarding your injuries. You may be required to attend appointments where a medical specialist will assess any impairment that you have suffered.

  • What does a medical negligence claim involve? – 7

    We prepare a detailed document with you setting out your claim. This includes, but is not limited to, the following:

    • Pain and suffering, loss of enjoyment of life
    • Out of pocket expenses and travel expenses
    • Care provided by family members and friends
    • Services you have paid for from a nurse, carer, cleaner, or gardener
    • Past loss of wages
    • Future care that you may require
    • Future loss of wages
    • Future medical expenses
    • House and vehicle modifications
    • Compensation for any reduced life expectancy
    • If you do not have capacity to manage your settlement money, costs associated with administration and management fees.
  • What does a medical negligence claim involve? – 8

    A date for a compulsory conference is scheduled with the Respondent. At the compulsory conference we will negotiate with the Respondent’s lawyers to settle your claim. (The negligent health care provider will not be attending – only their lawyer / insurance representative).

    If your claim does not settle at the compulsory conference, we exchange an offer to settle with the Respondent and the offers are open for acceptance for 14 days.

    If the offer is not accepted, then further attempts at settlement are made.

    As a last resort Court proceedings are started.

 

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