HAVE YOU BEEN LEFT IN PAIN, STRESS OR IMPAIRMENT AS THE RESULT OF MEDICAL NEGLIGENCE?
We all place a lot of trust in our hospital operators. In our health system, medical providers are required by law to use their professional knowledge, skill and care when they are diagnosing and treating us or giving advice.
Where a health care provider fails in this obligation and their actions result in physical, psychological or financial harm or, in extreme cases, death, you may be entitled to claim compensation for medical negligence, also known as medical malpractice.
There are many types of medical negligence. Here are some of the most common:
- Errors made during surgery, including anaesthesia
- Misdiagnosing a condition or delaying the diagnosis
- Failure to provide treatment or refer a patient for specialist advice
- Errors in obstetrics including causing injury, stillbirths and neonatal deaths
- Making an existing condition worse
- Errors with prescriptions and administration of medication
- Failure to provide post-operative care
- Incorrect reporting or interpreting of test results
- Plastic and cosmetic surgery errors
- Brain and spinal infections resulting from surgery
For a free assessment of whether your circumstances qualify for medical negligence, speak to the Personal Injury specialists at Carbone Lawyers.
What compensation will cover
How much compensation you receive depends on the severity of the injury and its impact on your life. It is based on the harm suffered by the victim, rather than the severity of the malpractice. The compensation awarded aims to help the individual restore the quality of life they would have enjoyed had the negligence not occurred. It takes into account factors such as:
- Past and future medical expenses
- Pain and suffering and the loss of enjoyment of life
- The cost of car and home modifications you require as a result of your injury
- The financial value of care provided by friends and family
- Loss of earnings – past and present
Proving Medical Negligence
For your medical negligence claim to succeed, you need to prove that:
- that there is a direct link between your injury, pain and suffering and actions of a medical professional;
- the practitioner’s actions or treatment was below the professional standard that a peer would have provided in the same circumstances;
- the harm would not otherwise have occurred had the treatment been appropriate
Medical Negligence law is complex and challenging. Sometimes medical treatment can fail or result in unintended consequences without necessarily being negligent. On the other hand, a practitioner may have been negligent, but attributing harm may be difficult.
Be aware that you may need to lodge your claim within a specific time frame depending on your case, and the process can take several years. Don’t leave it too late to seek the right advice from a legal team with experience in successfully settling medical negligence claims.
If you believe you have been the victim of malpractice, call Carbone Lawyers today.