Medical Negligence and Malpractice Claims

Medical negligence, or medical malpractice, happens when treatment falls below an acceptable standard. Doctors must exercise reasonable care, skill and judgement when examining, diagnosing, treating and advising their patients. This is their ‘duty of care’ to their patients. If they breach that duty, they may be liable for the damage they have caused, and you may be able to claim compensation for the loss you have experienced because of the damage.

Medicine is a complicated practice and providers aren’t expected to be perfect. Sometimes medical treatment is unsuccessful, and injuries occur, but that doesn’t necessarily mean there has been any negligence.

Negligent treatment is more than a reasonable mishap or mistake, and may involve:

• making an existing condition worse;
• misdiagnosis or failure to diagnose a condition;
• failure to provide the appropriate treatment or referral;
• a delay in diagnosis or providing the appropriate treatment or referral;
• failure to perform surgery or provide post-operative care with reasonable care and skill;
• incorrectly reporting on test results;
• or failure during a surgical procedure.

Generally, you are entitled to claim compensation if you have suffered physical, psychological or financial harm as a result of negligent medical treatment.

Time limits do apply, and they are often strictly enforced. In most cases, you need to take legal action within three years of the injury, or within six years for a child. These timeframes may be different depending on your specific circumstances, this is why we always recommend for people to obtain legal advice as soon as possible.