PROFESSIONAL NEGLIGENCE
Although the medical profession in Australia generally consists of highly skilled professionals who strive to provide the best possible medical practice, unfortunately mistakes can be made and standards can fall below what is considered acceptable. The result can be disastrous for the vulnerable patient.
If you believe you may be the victim of negligent medical practice you should seek legal advice as soon as possible. Establishing medical negligence can be difficult, expensive and confusing and your lawyer will be able to assist you in exploring your options for obtaining compensation. Also time limits apply to the making of medical negligence claims.
To be eligible for compensation in a medical negligence claim you need to prove all three of the following:
- That the doctor or treatment provider has breached his or her duty of care by failing to take reasonable care in the treatment provided;
- That as a result of the failure to take reasonable care in the treatment provided, you have suffered injury, loss or damage;
- That the injury, loss or damage you have suffered was caused by the doctor’s or treatment provider's negligence.
In order to commence proceedings in NSW, your claim must have the support of at least one highly qualified medical practitioner “Medical Expert” who is prepared to provide a report on your behalf supporting a claim for medical negligence. These reports are expensive and finding an ‘Expert” willing to provide a report which will assist you can be difficult.
It can also be complex distinguishing between the injury caused by the alleged negligence and the underlying injury/illness that caused you to seek treatment in the first place. This will also be a matter for expert medical opinion by a suitably qualified “Medical Expert.”
Damages in medical negligence claims in NSW are governed by the Civil Liability Act 2002 (NSW) which imposes thresholds with respect to the amount of compensation that can be claimed.
Your lawyer Catherine McKay will listen to your story and ensure you receive comprehensive advice about the law and how it may apply to your particular circumstances.
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