AUSTRALIA
MEDICAL NEGLIGENCE SOLICITORS
COMPENSATION CLAIMS ADVICE
Our specialist medical negligence solicitors deal with compensation claims using a no win no fee arrangement which means that if you don’t win then you don’t pay them their professional costs. The lawyers that we recommend have many years experience and a track record of successful judgments and settlements. If you would like free advice with no obligation just complete the contact form and a specialist will review your claim and phone you immediately.
What is a medical negligence compensation claim?
This is a claim for damages for injury caused by the negligence of a health care provider (such as a doctor, dentist, pharmacist, nurse, midwife, hospital). Health care providers must provide treatment that is in accordance with a reasonable standard of care. If your health care provider fails to take “reasonable care” then they have breached their duty of care to you. Failing to take reasonable care, in circumstances where the health care provider could or should have foreseen that their actions could injure you, is negligence. If you have suffered damage, loss or injury, that is the result of wrongful treatment, then a firm of medical negligence solicitors may be able to claim compensation on your behalf. Examples of treatment which may be considered negligent (depending on the circumstances of the case):
- failing to diagnose a condition;
- failing to provide the appropriate treatment for the condition;
- failing to refer to a specialist;
- delay in diagnosis;
- failing to advise of risks associated with treatment;
- failing to perform surgery with reasonable care and skill;
- failing to report correctly on test results;
- failing to provide post-operative care with reasonable care and skill.
How doctors are judged under the law;
In some parts of Australia, the common law applies, so that courts do not judge a doctor's competence by reference to the generally accepted practices of his profession. To obtain judgement medical negligence solicitors must show that the conduct did not conform to the standard of reasonable care demanded by the law.
Recent legislative changes to the common law in some States, have changed the law so that a doctor is not negligent if it is established that they acted in a way that (at the time the service was provided) was widely accepted by peer professional opinion by a significant number of respected doctors in the field as competent professional practice. There are some exceptions to this rule. For example, peer professional opinion cannot be relied on if the court considers that the opinion is irrational. The fact that there are differing peer professional opinions widely accepted in Australia concerning a matter does not prevent any one or more (or all) of those opinions being relied on. Furthermore, peer professional opinion does not have to be universally accepted to be considered widely accepted.
The court will determine what is the reasonable standard of care and competent professional practice, after hearing all the evidence (including the opinion(s) of independent medical experts).
The laws vary from State to State. Therefore it is important that you receive advice from a specialist lawyer or accredited personal injury law specialist in your State.
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