Medical Negligence
Maurice Blackburn are the leading Medical Negligence
lawyers in Australia, with over 14 experienced
lawyers in our national practice working exclusively for injured
patients and their families.
We have a long and proud history of achieving fair and
just results on behalf of our clients. We have acted in
landmark cases in the High Court and State Supreme Courts,
achieving multimillion dollar settlements in
catastrophic injuries cases which have
involved negligence at birth, injuries during operations,
improper drug treatment and failure to diagnose
illnesses.
Our well regarded Medical Negligence lawyers have
also had a number of articles published
in leading health and legal publications. Sometimes, our
medical cases are of interest to the public and are reported in the
news.
In an area as complex as Medical Negligence, the advice
and assistance of experienced and committed legal professionals is
essential in protecting your legal rights and those of your family
members.
What is medical negligence / medical
malpractice?
Medical negligence (also known as medical
malpractice) occurs when the treatment provided by a health
service provider (such as a hospital, doctor, dentist, pharmacist,
etc.) falls below an acceptable standard. Medicine is a complicated
practice and health service providers are not expected to be
perfect. Medical treatment is sometimes unsuccessful and injuries
can sometimes result but that does not necessarily mean that there
has been any negligence. Negligent treatment is that which goes
beyond being a simple reasonable mistake or error.
Negligent treatment may involve the following:
- failing to or delay in diagnosing a condition
- failing to or delay in providing the appropriate treatment or
referral for the condition
- failing to perform surgery with reasonable care and skill
- failing to report correctly on test results, or
- failing to provide post-operative care with reasonable care and
skill.
Medical negligence / malpractice claims
The law relating to medical negligence varies between States and
Territories within Australia but broadly the law in Australia
allows a person to claim compensation if they have suffered
physical, psychological or financial harm as a result of negligent
medical treatment. This is known as a medical negligence claim.
Broadly speaking, two requirements must be shown in order to
bring such a claim:
- that there was negligent medical treatment, and
- that this treatment caused an injury or some harm that would
not have otherwise occurred.
This means that even where a person receives negligent
treatment, they cannot bring a compensation claim if they have not
suffered a harm or injury as a result of that treatment.
Furthermore, the law sets a threshold determining how severe or
significant an injury must be, before a person is entitled to claim
damages for the pain and suffering sustained as a result of this
injury.
Medicine is a complicated practice and health service providers
are not expected to be perfect. Medical treatment is sometimes
unsuccessful and injuries can sometimes result but that does not
necessarily mean that there has been negligence. Negligent
treatment goes beyond being a simple reasonable mistake or
error.
Medical negligence / medical malpractice claims can
involve:
It's important to get advice from experts
Medical negligence litigation requires specialist knowledge and
experience. The law relating to medical negligence varies between
states and territories within Australia. For example, time limits
vary in each jurisdiction and are extremely complex.
At Maurice Blackburn we have a dedicated team of professionals
who handle only medical negligence / malpractice claims. Our
medical negligence team has successfully handled hundreds of cases
including catastrophic injuries due to negligence at birth,
injuries during operations, improper drug treatment and failure to
diagnose illnesses.
We also have extensive experience in acting in the Coroner's
Court and in informed consent to
medical procedures cases.
No matter who you are up against, Maurice Blackburn will
fight to protect you.