If you have been injured and would like to know ‘can I claim medical negligence?’, it is important to speak to an expert to ensure you get complete and accurate advice.
Below, find answers to commonly asked questions regarding medical negligence including:
- Can I claim medical negligence?
- Can medical malpractice be criminal?
- What can be classed as medical negligence?
- How do I sue a hospital for medical negligence?
Carbone Lawyers has been delivering great outcomes for our clients for over 30 years.
We have a team of lawyers with significant experience and knowledge regarding legal matters relating to the medical malpractice industry.
They are highly skilled in investigation, negotiation, litigation and are extremely driven to get the best outcome for our clients.
Here are the answers to common medical negligence questions along with details on how to arrange an appointment to speak to a medical negligence expert.
Finding Out If You Can Claim Medical Negligence
Medical negligence cases can be very complex. Going up against medical professionals or organisations may seem daunting so it is always best to ensure you have a team of experts on your side.
If you want to find out ‘can I claim medical negligence?’, you will need to be able to prove that your injury, pain and suffering is directly linked to the actions of a medical professional.
Our team of experts will be able to help you to determine if you are eligible to make a claim.
They will also be able to help build your case to prove that your injury is a result of a medical professional acting without reasonable care or skill.
Can Medical Malpractice Be Criminal?
The short answer to the question ‘can medical malpractice be criminal?’ is yes, however most medical negligence cases in Australia are civil matters.
For medical malpractice to be considered criminal, the degree of negligence needs to be gross (e.g. intentionally giving a patient the wrong medication.
For medical malpractice to be deemed as criminal, there would also need to be significant factual evidence to prove the alleged negligence or malpractice.
What Can Be Classed As Medical Negligence?
What can be classed as medical negligence is if you have received an injury while under the care of a hospital or medical professional.
You will need to be able to prove that your injury, pain and suffering is directly linked to the actions of a medical professional breaching their duty of care.
How Do I Sue A Hospital For Medical Negligence?
Most medical negligence claims are settled via mediation in Australia, however, if both parties are unable to come to an agreement then your claim may proceed to a Court hearing.
If you have been injured whilst under the care of a hospital or medical professional and would like to know ‘how do I sue a hospital for medical negligence?’, the first step is speaking with a medical negligence lawyer.
Medical negligence cases can be complex so it is important to ensure you get accurate advice on your eligibility to claim and how best to proceed.
Your medical negligence lawyer will assess your claim to determine if you are eligible (they may need to consult a medical expert at this point).
If the lawyer does take on your case, the next step is to engage one or more medical experts (with experience in medical negligence) who will carry out assessments, review medical records and provide a report to build evidence that supports your claim.
At this stage, mediation takes place and as mentioned above if an agreement cannot be made, the claim may proceed to a Court hearing.
Speak To A Medical Negligence Expert Today
We will arrange an appointment with one of our medical negligence experts who will be able to answer any questions you have.