All medical professionals owe their patients a duty of care to ensure that the treatment is received in an appropriate and timely manner.
An error by a medical professional can have serious consequences for the patient's health. Medical negligence, also known as clinical negligence, refers, in essence, to substandard treatment of a patient by a healthcare provider.
A breach of the duty of care may entitle the patient to make a claim for compensation arising out of injury suffered as a result of the negligent treatment provided.
For an individual, it can be difficult to know whether there is a case or not. This is where Szabo & Associates Solicitors can assist. Our legal experts are here to help you and obtain the compensation you are entitled to and the answers you deserve.
How do you establish medical negligence?
In order to establish medical negligence, it is necessary to meet two tests:
- first, it needs to be established that the care received fell short of the standard to be expected from a reasonably competent medical professional; and
- secondly, having established a breach of the duty of care it needs to be established that it was the treatment that caused the damage which would not otherwise have occurred.
What providers can a medical negligence claim be made against?
In the context of a medical negligence claim, a provider can include any individual or institution providing medical care. This includes hospitals, doctors, nurses, midwives, dentists, pharmacists and other health professionals.
What type of medical errors can result in a medical negligence claim?
Medical negligence covers a broad range of medical errors, misdiagnosis or low standard of care. Some examples include:
- providing inadequate treatment, including surgery and pre-and post-operative care;
- delays in making a diagnosis;
- failure to refer to a specialist in a reasonable time;
- incorrectly prescribing medication and a lack of monitoring of its effects;
- not warning of the risks of the treatment or surgery;
- failure to follow-up on test results or giving incorrect test results.
What is the medical negligence claims process?
Medical negligence claims can take time and expertise to investigate and settle. An independent medical assessment is often needed to support the process.
Medical negligence claims also have time limits. Normally claims need to be brought within three years of the date of injury for adults. That said, in some cases, the effects of the negligence can take some time to appear, so if this applies to you, please discuss it with us, as it may not be too late to sue.
For these reasons, it is important to get help as soon as possible from someone who understands the process and complexities of medical negligence law.
Contact our Medical Negligence Lawyers based in Sydney, NSW
Please call Szabo & Associates Solicitors on 02 9281 5088 to discuss your claim or, if you prefer, complete the online enquiry form. We will discuss your case with you and give you professional advice on whether we can assist you in making a medical negligence compensation claim.