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Medical Negligence Compensation Claims Lawyers NSW

If you’ve been treated in a NSW hospital, or by any medical practitioner in NSW, and the level of treatment you received was below an acceptable standard, and you suffered an injury or a worse outcome because of the treatment, then you may have an entitlement to bring a ‘Medical Negligence Claim’ against the hospital or medical practitioner. Claims against a hospital are referred to as ‘Hospital Negligence Claims’.

If you think you might have a medical negligence compensation claim, contact our Compensation & Insurance Claims Team today to book in for a free preliminary assessment phone conference.

Please note: there is a strict 3-year time limit that applies to medical negligence claims in NSW, however some restrictions do apply.

No matter what the odds are, we’ll fight to protect your best interests and ensure you are awarded the compensation you deserve.

What are the different types of Medical Negligence Claims?

1. Misdiagnosis – A medical misdiagnosis occurs when a Doctor fails to properly consider some or all of the patient’s symptoms and, as a result, fails to diagnose the illness. Misdiagnosis often occurs when a Doctor fails to consider the patient’s past illnesses, family history or associated risk factors (i.e. work environment).

2. Negligent Medical Treatment /  Failed Surgery – Negligent medical treatment or surgery occurs when any health care practitioner treats a patient or performs a surgery in such a way that it causes further injury to the patient (e.g. a spinal injury or birth injury), when such further injury ought not to have occurred.

This includes prescribing the wrong medication, failing to refer the patient to the right specialist, failing to treat injuries in a timely matter (i.e. patient is made to wait in the emergency room) or failing to provide adequate post-operative care.

3. Failure to Warn / Seek Informed Consent – This type of negligence occurs when any health care practitioner fails in their duty of care to warn (inform) their patients of any risks associated with the proposed treatment, prescribed medication or surgery. Patients must give informed consent before the health care practitioner proceeds with the treatment, medication or surgery. Be advised that these types of medical negligence cases are very difficult to prove, however, our expert team will be able to determine if your claim is likely to succeed.

4. Medical Product Liability – This type of negligence occurs when the patient has been given a faulty medical product or device (i.e. a malfunctioning pace maker or a faulty knee replacement).

What is the process for filing a Medical Negligence Compensation Claim?

We recommend the following process:

  1. We obtain the clinical notes from the hospital
  2. We engage a medical specialist to view the clinical notes and prepare a medico-legal liability report as to whether the hospital breached the duty of care it owed you
  3. If the opinion of the medical specialist supports an allegation of medical negligence, then we collect evidence to support your claim for compensation including evidence of past and future earnings loss, evidence of past and future treatment and care needs, and evidence of your pain and suffering
  4. We attempt to engage the hospitals insurers in settlement negotiations
  5. If a settlement can’t be reached, we file court documents for you to commence the legal process

What losses can I be compensated for after a Medical Negligence Claim?

  1. Your pain and suffering
  2. Your loss of earnings (past and future)
  3. The cost of medical treatment and surgery expenses (past and future)
  4. The cost of any care provided gratuitously by family and friends
  5. The cost of any care provided on a commercial basis

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