The course of medical treatment can be unpredictable and outcomes unsatisfactory. Sometimes it seems that your questions are unanswered and you don’t know where to turn.

Medical negligence occurs if a doctor or related health care professional such as dentist, chiropractor, nurse etc fails to take reasonable care in providing you with medical or related treatment. An independent medical practitioner in the field must provide an opinion that the treatment provided has not been up to peer standards of competence.

If you suffer an injury or poor outcome as a result of this failure, you may be eligible to make a medical negligence claim.

Hospitals, doctors, dentists, nurses, chiropractors, physiotherapists etc are covered by insurance which provides compensation for patients and clients for any injury ( including psychological) , loss or damage caused by treatment or services which fall short of the mark.

What compensation can I claim?

Compensation for injuries and losses sustained as a result of medical negligence includes compensation for the following:

  • Compensation for your pain and suffering.
  • Loss of income.
  • All medical expenses, both past, continuing and future.
  • The value of any care and assistance you have received from family and friends free of charge in addition to care, nursing and household assistance from paid professionals.
  • Loss of superannuation entitlements.
  • Loss of financial support from someone on whom you or your family was dependant who died as a result of medical negligence.

When can I claim?

Claims must be bought within 3 years. Extensions of time are granted in special circumstances only.

What do I have to do to commence a claim?

Contact us for an appointment or to discuss you matter on the phone. This consultation will be free of charge.

Who pays the claim?

Your Health care provider has Insurance which pays the claim.

What costs do I have to pay?

We will meet the costs associated with the running of your claim such as fees associated with obtaining expert opinions.

The Insurer has to pay some but not all of your legal costs in addition to paying you compensation for the effects of your injuries.

Examples of medical negligence

Substandard treatment provided by specialists

Orthopaedic specialist

  • Failure to perform orthopaedic surgery such as hip replacements, knee replacements, spinal surgery, disc implants etc in a competent fashion
  • Failure to diagnose post-operative infections
  • Use of excessive force during orthopaedic surgery
  • Incorrect implantation of prosthethic devices
  • Failure to diagnose post-operative complications
  • Failure to correctly medicate for post-operative infections
  • Use of excessive force when applying traction in neck injuries

Gynaecologists

  • Failure to diagnose cervical cancer
  • Incompetent performance of gynaecological procedures such as oophrectomies, hysterectomies, repair of uterine prolapse, vaginal repair, ablation of uterus, treatment of endometriosis, implantation of prosthesis such as apogee mesh and sling.
  • Incompetent performance of termination of pregnancy resulting in perforation of uterus or bowel
  • Failure to diagnose and treat infection subsequent to gynaecological procedures
  • Perforation of uterus during hysteroscopy procedure
  • Failure to diagnose ovarian cancer
  • Incorrect advice in relation to birth control
  • Failure to properly perform sterilization procedures and tubal ligation

Obstetrician

  • Failure to take reasonable care during child birth resulting in injuries to mother and/or child
  • Incompetent repair of child birth tearing
  • Failure to diagnose foetal abnormalities resulting in birth of disabled child
  • Failure to diagnose growth retardation

Cosmetic Surgeon

  • Failure to warn of risks associated with cosmetic surgery
  • Burning patients during laser resurfacing
  • Bad outcomes from liposuction, blepharoplasty, brow lift, fat injections, laser resurfacing, chemical peels, lip augmentations, collagen injections, otoplasty, rhinoplasty, chin and cheek implants, face lifts, tummy tucks, breast reduction, breast enlargements and breast reconstruction and penis enlargement surgery.

Radiologist / Radiographer

  • Injuries sustained during barium enema procedures
  • Failure to correctly interpret and report on MRI / CT scans, ultrasounds and x-rays
  • Failure to diagnose fractures
  • Failure to diagnose foetal abnormalities
  • Failure to diagnose DVT, aneurism, stroke, tumours, cancers and intra-cranial haemorrhaging

Gastroenterologist

  • Prescription of inappropriate medications
  • Injuries sustained during endoscopies and colonoscopies

Surgery

  • Incomplete excision of melanomas.
  • Incomplete excision of malignancies.
  • Complications arising out of and or incompetent performance of gastric banding.
  • Failure to perform surgery with reasonable care.
  • Failure to provide reasonable care in the post surgical period for example failure to diagnose and appropriately treat infection.
  • Performance of unnecessary surgical procedures or failure to warn patients of risks associated with surgeries.
  • Damage to bowel or other organs during performance of laparoscopies.
  • Complications occurring during heart surgery.
  • Incompetent performance of surgeries outside of area of expertise.

Anaesthetists

  • Failure to warn patients of complications which may arise from anaesthetics.
  • Use of unnecessary epidural anaesthesia as post operative pain control
  • Failure to competently insert epidural catheter.
  • Failure to detect complications arising during general anaesthesia
  • Failure to diagnose post anaesthetic complications including abscess, haemorrhage, toxic radiculopathy.
  • Paralysis arising after epidural.
  • Incorrect positioning of patients on operating table causing injuries to spine or nerve injuries.

Hospitals

  • Failure to appropriately assess emergency presentations.
  • Failure to diagnose presenting illnesses.
  • Failure to communicate between doctors, nurses and management in hospital.
  • Failure to transfer appropriately from one hospital to another.
  • Inadequate infection control.
  • Failure to diagnose and provide timely treatment for infections contracted in hospitals.
  • Failure to provide competent medical staff.
  • Failure on the part of employed Medical Specialists to provide competent medical treatment in their particular speciality.

General Practitioners

  • Failure to diagnose illnesses.
  • Failure to prescribe correct medication.
  • Failure to refer to appropriate Specialists.
  • Failure to advise patients of test results.

Mental Health Services

  • Failure to correctly diagnose mental illnesses.
  • Prescription of wrong or unsuitable medication.
  • Failure to treat inpatients in a competent manner.

Edwards Michael Lawyers

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