Medical Negligence Lawyers

Negligence on its own refers to everyday, ordinary negligence — for example slipping on something or tripping over an item someone left out. All individuals are expected to exercise reasonable care to avoid harming others. Medical negligence is different in that it refers to a medical practitioner specifically: because of the nature of the profession there is an expectation of a higher duty of care and legal standards a professional must abide by when providing treatment, diagnosis or advice.

An individual may claim for a variety of medical treatments and procedures. Claims can arise from injuries sustained during a procedure, and may involve not only doctors but also physiotherapists, chiropractors and dental surgeons. For example, you might claim for a delayed or incorrect diagnosis, mistakes or injuries from cosmetic procedures, mistakes made during dental work, injuries sustained from surgery or the performance of incorrect surgery, or birth injuries. The merit of a claim is assessed on a case-by-case basis.

The first step is discerning whether you are eligible. Ask yourself: were you injured while being treated by a medical practitioner? Was the injury caused by negligence? Have you suffered economic loss and/or pain and suffering due to the injury? If you answered yes, you may be eligible and should contact a personal injury lawyer. Gather as much evidence as possible, including details of your treatment and the negligent incident, the assessment of your injury, proof of economic loss, and the identity of the practitioner responsible.

In the vast majority of cases, medical negligence matters are settled informally before court proceedings begin. These cases are usually resolved with the insurers and medical providers before there is a need to go to court. It is standard to offer a lump sum to the individual making the claim; in exchange, they agree not to sue.

Burke Mead Lawyers are experienced medical negligence lawyers and experts in personal injury law, assisting clients with various legal services and professional advice. As dedicated medical negligence lawyers, our team has extensive experience handling complex medical negligence cases, ensuring clients receive expert support for even the most challenging claims. Our services are delivered by a team of personal injury lawyers with experience in medical malpractice cases. We can assist our clients in resolving personal injury matters quickly and efficiently, helping them to articulate their medical negligence compensation claims and walking them through the process to prove medical negligence. But how do you know if your experience counts as medical negligence? A medical professional is bound by a duty of care for all their patients; when that duty of care is breached during medical treatment and results in damage, that is considered medical negligence. The types of professionals that can be subject to medical negligence law include all medical practitioners. These health professionals have a duty of care to provide medical treatment to a standard required by law and must possess specific qualifications to perform their jobs with reasonable skill. Experienced medical negligence lawyers can help you navigate the legal process, assess your eligibility, and ensure your rights are protected throughout your compensation claim.

Common examples include surgical errors, birth injuries, misdiagnosis, delayed diagnosis, and inadequate post-operative care. These incidents can lead to a range of consequences, from additional medical expenses and lost income to ongoing pain and suffering or even permanent disability.

Compensation can cover a variety of losses, including past and future medical expenses, domestic assistance, lost earnings, and non-economic loss such as pain and suffering or reduced quality of life.

In New South Wales, medical negligence claims are governed by the Civil Liability Act, which sets out the legal standards health professionals owe to their patients. To succeed you must demonstrate that the medical professional breached their duty of care and that this breach directly caused your injury or loss.

If you win your claim, your legal costs will mostly be paid by the defendant — this could be the specific medical practitioner or the institution employing them. It is also standard to pay some of the costs for legal fees out of your compensation settlement. We will explain all of this with you before you commit to anything.