Whenever you go to a doctor you expect to get the best possible treatment, especially in Australia. Doctors here are highly skilled, trained and you put all your faith and trust in them. You go to them for a medical diagnosis and expect to be treated for your medical condition accordingly. This goes for all GP’s, specialists and all allied health professionals.

Unfortunately, in a small percentage of cases this is simply not true. Some patients ay receive the wrong type of care or be misdiagnosed or worse given the wrong medication for their ailments.

If this is the case then these poor people may need to hire the services of a medical lawyer to help them sue for damages and receive financial compensation as a result of this medical negligence.

In this article, we’ll outline medical negligence or medical malpractice and offer some great tips from a team of expert medical negligence lawyers.

What Is Medical Malpractice?

Medical malpractice, is often referred to as medical negligence & can be defined as a irresponsible or inaccurate diagnosis or treatment that results in bodily harm. Basically, the GP, doctor or specialists has in their care of duty, has injured the patient. There is a ‘standard of care’ that all doctors must adhere to and medical malpractice is determined by proving that the doctor has violated & not adhered to this very strict and non compromising standard. Please note that: The standard of care is governed by the civil liability act – for more information see: https://www.legislation.nsw.gov.au/#/view/act/2002/22

Medical malpractice however, is somewhat hard to prove in certain cases. For example, you may have had an operation where the surgeon adhered to a strict ‘standard of care’ yet the outcome ( as in some surgeries) is unpredictable. Surgeries, however fastidious the surgeon was, can result in complications. This is not a perfect world and therefore the outcomes of some operations can never be predicated with 100% certainty, making a medical malpractice claim difficult to prove.

If you feel as though you or one of your spouses has been the subject of medical negligence or malpractice then you definitely need to speak to a lawyer who specialises in this type of work.. They will be able to quickly assess your situation and advice you on the likelihood success of your medical negligence claim. Essentially, if you have any chance of getting any financial compensation due to any type of medical negligence the lawyers at NSW CL will be able to help.

What Can a Medical Compensation Lawyer Do for You?

 They will be able to quickly tell if your claim has any chance of winning. They will examine all the details and make sure that you have some sort of chance winning in a medical malpractice claim.

Firstly you have to get a second opinion and we will tell you about he process. So for example if you have had a hip operation then the second opinion should be coming from a orthopaedic surgeon and not a GP. Once your injury has been verified by this second party, one of our medical lawyers will review your case.

From this point onwards our team will investigate the matter extensively and look into the full extent of the injuries suffered. While most claims are well worth pursuing, other injuries may be too small to pursue. Let’s say your injury is very minor the financial rewards might not be worth all the trouble and effort. If however, we can see that there is a valid claim we will guide you throughout the process and advice you on what you will need to do and what documents you will need to get. One should note that in any compensation matter, especially one such as a medical matter, time is crucial. Why? Because, gathering all the information from the parties involved must be done quickly as people forget details and documents can go missing. At NSW Compensation Lawyers we will make sure that you case is handled promptly.

Filing a Medical Compensation Claim

 The outcome of any medical negligence claim will depend on all the evidence collected. When filing a malpractice claim you have to be fast and it needs to be lodged before the courts ASAP. Therefore there has to be all the right evidence in place with all the correct documents. Our lawyers know exactly what to do and what you will need to get. Our lawyers will interview all parties connected with the claim, including the specialist / doctor who has provided the second opinion. If we feel that all the prices of the puzzle fit together nicely, we can proceed with the claim.

The Claim Process

 Your lawyer will file the claim but it’s important to note that most claims are settled out of court. Having said that in some cases a claim cannot be settle out of court. This can be a fairly long process so for this reason all evidence must be collected quickly and filed before the court. Ideally, you can settle out of court so you don’t have to go through the hassle and stress of a court proceeding.

Seeking Medical Compensation

 How much you will receive from your medical compensation case will differ from case to case. There are no set amounts for medical malpractice compensation payouts. But, roughly 60% of claims all settle for less than $10,000. Having said that, there has been a significant increase in claims won between $100,000 – $500,000 during the period 2014 – 15. The amount you can expect to claim will take into account a number of variable factors including: your income loss due to the injury, your level of suffering and any other out of pocket expenses.

Finding a good medical compensation lawyer

 Filing a medical negligence or malpractice claim can prove frustrating and be an absolute nightmare if you choose the wrong lawyer. It’s a time consuming and can be a lengthy process so you need an medical lawyer that really knows their stuff right by your side.

So what’s next?

Call the team at NSW CL on (02) 9601 0088 for a free consultation