Professional & Medical Negligence
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What is medical negligence & how can a Medical Negligence Lawyer help you?
There is a reasonable standard of care that must be taken when providing treatment as a health care practitioner. Failing to take reasonable care, in circumstances where the health care provider could or should have foreseen that their actions could injure you, is considered negligence. If you have been affected as a result of a negligent medical treatment, you may be entitled to compensation and should seek the advice of a medical negligence lawyer.
A medical negligence claim is a claim for compensation for injury caused by the negligence of a doctor, medical practitioner or hospital. It could include a dentist, midwife, nurse, or pharmacist.
There is a reasonable standard of care that must be taken when providing treatment as a health care practitioner. Failing to take reasonable care, in circumstances where the health care provider could or should have foreseen that their actions could injure you, is considered negligence. Negligence could pertain to a patient receiving below the reasonable standard of care resulting in an injury or a worsening of an existing injury.
When you receive treatment or receive advice from a doctor, dentist, hospital, nurse, etc.. you must be certain that you are:
- advised of all the possible outcomes of your medical treatments so you are educated on everything related to your outcome;
- aware of a circumstance where your doctor or health care provider may have made a bad choice in treating you, causing you further injury or other complications when utilizing another form of treatment would have prevented these complications;
If you have suffered damage, loss or injury, that is the result of negligent medical treatment, then you may be entitled to compensation. The following are examples of treatment that may be considered negligent depending on the case specifics:
- failing to report correctly on test results;
- failing to diagnose a condition correctly- serious misdiagnosis;
- failing to refer to a specialist as necessary;
- failing to advise of all possible risks associated with a treatment.
In some parts of Australia, the common law applies so that courts do not judge a doctor's competence. Clinical negligence is best judged by the stringent specifics of one's practicing profession and "duty of care".
Though there are some exceptions to this rule, in NSW the Civil Liability Act 2002 states that a doctor is not considered negligent in his decision to act if it was in fact a treatment widely accepted by peer professional opinion in strong numbers being well respected doctors in their field. In many cases peer professional opinion does not have to be universally accepted to be considered widely accepted. It is up to the court to determine after hearing all of the evidence of the case including the opinion (s) of independent medical experts whether reasonable "duty of care" was practiced.
Be aware, that just because something goes wrong medically, it does not always mean there is grounds for a "Negligence" or "Malpractice" claim.
If you think you might have a medical negligence claim, contact a medical negligence lawyer at Veritas Law Firm to determine whether you have grounds for a negligence claim. You may be able to claim "Damages". Damages may include:
- pain and suffering you have experienced, from the original injury or illness and any and all new injuries and aggravations;
- lost income recovering from the condition which was attributed to the negligence;
- future economic loss as a result of the health practitioners negligence; and
- doctors costs associated with treatment, medications, nursing services, rehabilitation courses assisting in the recovery and injury repair process.
If you think you could have a medical negligence claim, or have any questions relating to the above information, contact a medical negligence lawyer today on 131 LAW (529) for a free initial consultation.