Health providers have a duty to take proper care when treating their patients. If you are not treated with reasonable skill and care and suffer injury, loss or damage as a result of the negligent treatment provided by a doctor, dentist, hospital or other health care provider you may be entitled to claim compensation.
A poor result of treatment does not establish an entitlement to claim compensation. You must be able to prove that the treatment you received was negligent and that the treatment provider breached the duty of care owed to you. Not every failure or error made by a treatment provider will be considered as negligent.
A health provider may be considered negligent if the treatment they provided is regarded as falling below the standard that is widely accepted as competent treatment by a provider with experience/practicing in the same field at the relevant time. Once you are able to prove that the treatment you received was negligent, you must then show that the negligence caused, contributed to or aggravated your injuries.
If your claim is successful you may be entitled to recover the following:
- Non-economic loss/ compensation for pain and suffering, if you meet the impairment threshold
- Past economic loss.
- Future economic loss.
- Past and future loss of superannuation benefits.
- Past and future medical and treatment expenses.
- Past and future domestic care and assistance.
There are circumstances under which close relatives of a person who died as a result of negligent medical treatment may be eligible to claim compensation for the financial losses suffered as a result of the death of that person.
Time limitations apply to medical negligence claims. You must make your claim within 3 years from the date of injury. If you wish to make a claim after 3 years from the date of accident, you will first need to obtain the Court’s permission.
Please contact our office for your first free consultation.