The injured and medical negligence

As most individuals lack specialized medical expertise, we rely on reputable medical and health specialists in times of need.  We rely on the knowledge and skills of our local nurses, physicians, specialists, and hospitals for anything from a minor cold to cancer.  In Australia, there has recently been a rise in complaints of adverse medical occurrences, so what happens when our most trusted fail us in our hour of need?

All medical practitioners owe their patients a “duty of care”, this is defined as the requirement of practitioners to examine, diagnose, treat, and advise you with reasonable competence, judgment, and care.  This duty applied to a wide diversity of professions and organizations such as:-

• Hospitals
• Medical Centres and Clinics
• Doctors
• Surgeons
• Nurses
• Midwives
• Paramedics
• Medical Assistants
• Lab Personnel
• Radiologists
• Dentists
• Pharmacists
• Cosmetologists
• Other Allied Health Professionals

Medical negligence or more commonly known as “medical malpractice” occurs when you, as a patient are injured due to a medical professional or institution failing to treat you with the appropriate level of skill and care.  This may include the following:-

• Psychological injuries
• Injuries during birth
• Misdiagnosis or delay of diagnosis
• Failure to refer further investigations, specialist advice or emergency treatment
• Surgical errors
• Defective medical device or product
• Anaesthesia errors
• Prescription and medication errors
• Death

A personal injury claim as a result of Medical negligence is possible when the professionals and organizations fail to fulfill their obligations to you.  Simply put, if you had obtained proper and reasonable treatment, your injuries would not have occurred.  If you have experienced a physical or psychological damage as a result of someone else’s carelessness, you may be able to seek medical negligence compensation for the following:-

• Pain and suffering
• Loss of enjoyment of life
• Past and future medical expenses
• Past and future professional care costs
• Loss of past earnings
• Loss of earnings into the future
• The commercial value of care and assistance provided to you by loved ones

Medical negligence claims are often complex due to the fact that medical treatments involve highly specialised and technical skills.

Please contact us at Macrossan and Amiet solicitors so that our experienced personal injury and compensation claim lawyers can assist you and your family members.