All health professionals – including doctors, nurses, paramedics and allied health practitioners – owe their patients a duty to ensure they’re providing reasonable care and skill when looking after them.

When a health professional breaches this duty, by providing advice or treatment that is not in accordance with accepted professional standards, and results in injury, loss or damage to the person, the patient may be eligible to claim compensation.

If you or someone you know could be a victim of medical malpractice/negligence, having the right legal team by your side is important to ensure you understand your rights when it comes to claiming compensation.

Keep reading to learn more about the medical malpractice definition, medical negligence claims and how we may be able to help you bring about a compensation claim.

What types of medical negligence claims are there?

Medical malpractice/negligence can occur in a number of ways, including:

  • Misdiagnosis or delay in diagnosis

  • Failure to obtain informed consent to procedures and treatment

  • Complications from surgery

  • Defective medical devices

  • Incorrect or inappropriate treatment

There are also many medical negligence claims that fall outside of these examples, and that’s where our team of legal experts can help.

We will listen to your situation, lay out all your options and help you navigate the legal process.

What is the process for a medical negligence claim?

Every case is different, but the legal process for making a medical negligence claim will usually follow:

  • Understanding your exact circumstances – our legal team will meet with you and ask you questions to get a background and gain an understanding of the situation so we can map out how we can best help you

  • Obtaining your medical records from any relevant hospitals and/or doctors

  • Reviewing and considering your medical records to form an overview of the merit of your claim

  • Finding an appropriate medical expert who can write a medical report to support your compensation claim

Once we’ve established if you’re eligible to claim, we can then give you a better idea of how much compensation you may receive.

Our team will work hard to negotiate a settlement quickly on your behalf, and if required we’ll represent and manage your case in court.

How long do you have to make a medical malpractice claim?

Generally, there is a 3-year limitation period for personal injury claims, including medical malpractice or negligence cases.

Often, it is not always clear when that time limit begins and that’s why getting the right legal advice as soon as possible, is important.

What can I claim compensation for?

You can claim compensation for the loss and damage you have suffered because of medical negligence-related injuries.

Compensation may be made under the following categories (heads of damages):

  • Non-pecuniary loss (General Damages): you may claim compensation for your pain and suffering, loss of quality of life, loss of enjoyment of life, reduction of life expectation and bodily and/or mental harm.

  • Economic loss (wages and earnings): you may claim compensation for your loss of earning capacity. For example, if you are unable to work due to your injuries, you may be able to claim for both past and future economic loss depending on the severity of your injuries.

  • Medical Expenses: you may claim compensation for any medical expenses you have incurred and any future expenses that may be incurred in relation to your injuries.

  • Care and assistance: you may claim compensation if family members or friends have assisted you around the home because you were unable to, due to your injuries. This can include nursing care, cleaning, cooking, shopping, transportation, and other domestic duties.

  • Travel expenses: you may claim compensation for any incidental travel costs that relate to attending medical appointments and the like, required for your injuries.

How our Personal Injury lawyers in Perth can help

Book an obligation-free consultation with our experts by calling us on (08) 9511 1712 or enquire online.

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Bradley Bayly Office

Contact Bradley Bayly Legal 

If you would like to discuss your serious injury claim and determine your next steps, contact us to arrange an obligation-free consultation. We will take the time to understand your personal situation and provide you with preliminary advice. While we are based in Perth, we are able to assist with state, national and international cases.

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