Medical negligence claims are claims for compensation arising out of an injury suffered as a result of negligent treatment provided by a health care practitioner such as:
- General Practitioners;
- Medical Specialists;
- Hospital staff
Medical negligence claims are often difficult and complicated claims. In order to be successful you need to demonstrate that there has been a breach of duty of care to you by the health care provider, which has caused you to suffer a significant injury.
If the negligent treatment of the health care provider results in an injury to you, this may entitle you to claim compensation for damages resulting from the injury.
Compensation for medical negligence claims will depend on the extend of the injury and how it has impacted your day to day life.
If you are eligible to make a negligence claim, you may be able to claim for:
- Pain and suffering (Non-economic loss)
- Past and future medical treatment expenses.
- Past and future loss of income.
- Cost of care provided to you.
In order to determine how much compensation you will be entitled to, you will need to obtain medical evidence from medical experts in order to determine the extent of your injuries and medical needs. In addition, the medical experts will assist in determining whether you have a viable claim in negligence against the particular health care provider in question.
Once negligence is established, then a claim is made against the particular health care provider who will in turn refer the claim to the medical insurer. Should the matter not be able to be resolved out of court, then proceedings will need to be commenced in the appropriate court for a judge to decide.
How lot that could take, will depend on the complexity of the legal and medical issues and the evidence that is required to prove your case and establish the extent of injuries and compensation required.
Dealing with medical practitioners and hospitals in relation to medical negligence claims can be complex and difficult and we do not recommend that you attempt to deal with the matter on your own. Also, strict time limits apply to making a medical negligence claim. We are here to help you with any matter relating to your claim.
Disclaimer: This fact sheet provides general information and does not provide legal advice. If you have a legal issue, you should contact a lawyer before making a decision about what to do or applying to a court.