Medical Negligence Claims

Medical negligence cases are quite common in Australia and may arise from a number of poor medical practices

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Medical negligence cases are quite common in Australia and may arise from a number of poor medical practices: including breach of duty of care, failure to provide information on material risks and breach of the appropriate standard of care.

Here are some circumstances that may lead to a compensation claim:

  • A doctor might fail to warn you of a material (significant) surgery risk;
  • Or fail to properly treat you;
  • Or treat you in a manner that falls below the standard of care expected of that professional;
  • A hospital may also be liable for the actions of their doctors, nurses and other health professionals;
  • If you have received medical treatment from a doctor, and the doctor treating you has made a mistake causing you harm;
  • Or if a medical professional has failed to meet the required standard of care;
  • And failed to adequately treat, care for or accurately diagnose your medical condition or illness.

The compensation awarded in a medical negligence case aims to put you back in the position that you were prior to negligent behaviour. The damages will take into account loss of earnings, out-of-pocket medical costs, any loss of enjoyment of life, cost of home care/assistance or home/architectural modifications, and pain and suffering.

You may be entitled to a superannuation fund disability insurance benefit. Medical bills paid by your insurer or any government assistance received must be repaid from the damages awarded or compensation received for inability to continue gainful employment.

There are several factors to ponder over, and a lawyer who has handled medical negligence cases can not only introduce you to legal strategies and recourses but also offer insights into the potential actions that the defending party might be taking.

According to the Australian Institute of Health and Welfare, the average time between an incident and the claim closing is three to four years. Our lawyers aim for a quick out-of-court settlement, and alternatively, support you committedly over the length of your claim.

Health Professionals

Discuss your concerns with our lawyers

Establishing negligence is complex, relying on scientific medical evidence and requiring the chain of events, responsibilities and decisions to be examined deeply.

Pentana Stanton has assisted injured individuals determine if the medical errors are ‘negligent’ and that the medical practitioner has failed to exercise ‘reasonable care’.

Monetary caps apply, and many jurisdictions have injury thresholds that inevitably restrict medical negligence claims. Most medical negligence claims settle out of court, with a mere 3% progressing to court. You want to take the right legal decisions after considering all your options. Here’s where you will find the expert legal advice and guidance of our lawyers invaluable.

We will offer you a simple, jargon-free understanding of the law, dispense our expertise in gathering evidence, bring medical experts on board and leverage our strong negotiation skills to win you a lump sum payment from your medical practitioner.

The average length of time between an incident and a claim is one to two years. Schedule an early consultation with us. Let us help you tide over a difficult time in your life and facilitate the best possible claim amount.