Medical Negligence: Can You Make A Claim?

007We trust our doctors, nurses and other medical professionals to look after something vitally important: our health. However, sometimes they fail us. This can result in further bodily injury. Medical negligence is when a medical professional has failed in providing adequate skill and care in treating you. This may mean that they have failed to warn you of risks involved with treatments, or they have treated you poorly. In this situation you are legally entitled to make a claim.

Seeking compensation for medical malpractice allows you to cover the costs of further medical treatment that may be necessary, and aims to compensate you (at least financially) for your injury. To seek a claim, you must be able to prove that a doctor has been negligent. There are many rules in place to protect medical professionals, so it is important you have a medical malpractice lawyer  to help you achieve the best possible outcome.

The rules about whether or not something is deemed negligent are far from black and white, and your specific circumstances must be considered by a skilled lawyer. Even if you have been injured or suffered as a result of a doctor’s practice, you may not meet the requirements to make a successful claim. The Bolam v Friern Hospital Management Committee [1957] set the standard for Australian law regarding these procedures, outlining that the highest medical skill is not required of doctors- only competency and following the agreed upon practice of the time. Your medical malpractice lawyer can help you by applying the standards of the law to your case, and fighting for your rights.

If you have been incorrectly advised as to the risks of treatment, experienced errors in surgery, had an injury as a result of chiropractic or physiotherapeutic care or been incorrectly diagnosed you may be able to make a claim. There are other grounds for claims, so speak with compensation lawyers about your case.

If you are successful, you may be compensated for past, current and future medical expenses. You may also be able to seek financial compensation for non-financial suffering and pain. Loss of income may also be covered.

Mary Kate Manning

Mary Kate enjoys her free time writing various stuff while dining with her home-cooked meals when she's not busy working as a manager. Enjoy her company by following her on Twitter at @MKateManning!

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