MEDICAL NEGLIGENCE SOLICITORS COMPENSATION
Our medical negligence solicitors are specialists who deal with personal injury compensation claims using a no win no pay arrangement which means that if you don’t win then you don’t pay their professional charges. If you would like free advice on compensation claim law just use the helpline or email us or complete the contact form and an expert medical negligence solicitor will speak to you on the phone with no obligation.
HELPLINE 1800 633634
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 or bad clinical advice, 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) under current law involve failure to:-
- diagnose a condition
- provide the appropriate treatment for the condition
- refer to a specialist
- diagnose in a reasonable time frame
- advise of risks associated with treatment
- perform surgery with reasonable care and skill
- report correctly on test results
- provide adequate post-operative care
HELPLINE 1800 633634
How are doctors are judged under the laws of Australia?
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 or advice 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).
HELPLINE 1800 633634
Nationwide Australian Lawyers
Medical negligence law varies depending on which state the incident took place. There are often different rules, protocols and practices and differences in time limits. It is important that you receive advice from a specialist lawyer who is an accredited personal injury expert in your own area. Our qualified solicitors operate nationwide and can assist you in every Australian location.
This website does not advertise nor does it provide any services with regard to workers compensation claims. The proprietors of this website do not offer legal advice and are not involved in legal practice of any description. This website operates by way of referral and the proprietors may charge a fee to a lawyer receiving instructions in relation to enquiries which is governed by a separate private agreement between the proprietors and the legal practitioner. This website is not intended for viewing or consideration by residents of Queensland. Legislation prohibits the advertising of personal injury legal services in QLD. If you were injured in, or if you are a resident of QLD enquiring about injuries sustained in that state on your own or another person’s behalf, we are unable to refer you to a solicitor or barrister. Our legal service is not available for any QLD accident claims, or accident claims connected with QLD. Due to the Personal Injuries Proceedings Act 2002 which is relevant exclusively to Queensland, the content of medneg.com.au does not apply to residents of Queensland or to accident claims arising in Queensland nor to accident claims connected with Queensland.