CLINICAL NEGLIGENCE LAWYERS
MEDICAL MALPRACTICE COMPENSATION
We are a national network of specialist clinical negligence lawyers who deal with medical malpractice compensation claims using the no win no fee scheme. Australian medical negligence law has changed in the last decade and instead of following UK law in regards to the ‘Bolam Test’ outlined in ‘Bolam v Friern Hospital Management Committee (1957) 1 WLR 582’ there are now a new set of parameters for healthcare professionals to consider which is in many ways more severe than the previously adopted principles used following 'Bolam'. Under the old rules if a doctor defendant "acted in accordance with a practice accepted as proper by a reasonable body of medical men skilled in that particular area" and was able to satisfy the requirement that "the test is the standard of the ordinary skilled man exercising and professing to have a special skill" then subject to certain exceptions which came along in later cases he would usually avoid liability for negligent care.
The test in Australia was changed by the High Court in the case of 'Rogers v Whittaker (1992) 175 CLR 479', where the patient sued a doctor for failing to warn about a slight risk of debilitating side effects following an operation. The court in Australia now do not judge a doctors competence by reference to the generally accepted practices of his profession but whether it conforms to the standard of reasonable care demanded by the law. That means that questions of competence are decided by the court as opposed to any group of doctors.
Our clinical negligence lawyers deal with medical malpractice compensation claims using the no win no fee scheme which means that if you don’t win then you don’t pay them any of their professional costs. If you would like free advice with no obligation just complete the contact form and a specialist solicitor will review your claim and phone you immediately.
