What should I know about medical negligence claims?

To establish a medical negligence claim, you must demonstrate that your injury or illness occurred or was worsened because of the negligence of treating medical staff. Ultimately, it needs to be shown that the duty of care owed to you, as a patient, by a doctor, allied health professional or hospital has been breached.

It is important to understand that a procedure or treatment going wrong does not necessarily mean that the practitioner has been negligent. Therefore, to support a claim, strong evidence must be provided to demonstrate that the treatment failed to be completed with the due care, skill and attention required by medical professionals.

If you are able to establish a medical negligence claim, you may be eligible for compensation for your injury, loss or damage.

Time Limits

Medical negligence claims generally have to be lodged within three years of the negligent medical treatment/procedure. Failure to commence a claim in time can mean that the claim is statute-barred and cannot be pursued. Although, in some cases an application may be granted.

However, it is recommended that if you believe you have been a victim of medical negligence and may have grounds for a claim, legal advice is sought promptly so that your lawyer can begin the necessary investigations into your individual circumstances.