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Everything You Need To Know About Medical Negligence Claims

If you’ve been subjected to substandard healthcare, you may be entitled to make a medical negligence claim. Whether you need to take legal action against an individual practitioner or a medical organisation, Sinnamon Lawyers can help you understand how the claims process works and assist you with building a strong case.

What is Medical Negligence?

Medical negligence occurs when a healthcare provider’s act or oversight causes a patient harm. In Australia, all healthcare providers are required by law to provide their patients with an adequate duty of care. If you can prove your healthcare failed to meet this requirement, you may qualify for a medical negligence claim.

From botched surgeries to the delayed diagnosis of an illness, medical negligence covers a range of clinical errors. Also known as medical malpractice, this type of claim can be made against any healthcare provider, including:

  • Doctors
  • Nurses
  • Dentists
  • Pharmacists
  • Allied health professionals.

 

What are common areas of medical negligence?

Inadequate treatment can arise in any area of medicine. However, some specialisations are especially prone to negligence.

These are some of the most common areas of healthcare where medical negligence occurs:

  • Emergency medicine – The fast-paced (and often under-resourced) nature of modern emergency departments makes patients vulnerable to low-quality healthcare.
  • Obstetrics – Given the high-risk nature of obstetrics (an area of medicine that focuses primarily on pregnancy, childbirth and postpartum care), even a minor mistake can have devastating consequences.
  • Neurology – Dealing with disorders of the brain and nervous system, neurology is a complex branch of medicine. This makes it particularly prone to medical negligence claims.
  • General surgery – Since every surgery comes with an element of risk, complications from surgery are often the subject of medical malpractice claims.

How much compensation can I claim for medical malpractice?

The amount of compensation awarded in medical negligence claims varies by case. After reviewing your circumstances and the evidence provided in support of your claim, our lawyers will be able to advise you of the damages you’re entitled to.

If you can no longer work due to the illness or injuries you’ve sustained due to medical malpractice, you may be able to claim for lost income. Any out-of-pocket expenses you’ve had to cover will also be taken into consideration, in addition to compensation for pain and suffering.

Who pays the compensation in medical negligence claims?

The healthcare provider’s insurance company will usually cover the cost of compensation. Under Australian law, all registered medical practitioners must be covered by insurance. This means that in medical negligence claims, any damages you receive will come from an insurance company, rather than the individual practitioner’s pocket.

How long does a medical negligence claim take?

It’s difficult to provide an exact timeframe without seeing the details of your case. At Sinnamon Lawyers, we know how crucial it is for our clients to access compensation quickly. We’ll do everything we can to speed up the claims process so you can get your life back on track.

What costs are involved with making a medical negligence claim?

Costs can vary depending on how long it takes to resolve your claim and the amount of outlays and expenses generated by your case. If you’re concerned about the financial risks involved with taking legal action, Sinnamon Lawyers offer a No Win No Fee service. This means that if your claim isn’t awarded compensation, you won’t need to pay your legal fees.

If you’re thinking of making a medical negligence claim, contact Sinnamon Lawyers to arrange a free consultation today.

 

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