Breast cancer is one of the leading causes of deaths among Australian women each year. According to the Australian Breast Cancer Network, more than 15,000 women will be diagnosed with breast cancer this year.
This makes it especially important for women of all ages to be regularly checked by medical professionals.
However, when these checks don’t do what they claim, it can lead to medical problems for patients down the line.
This was highlighted in a recent case from the Federal Court, as Safe Breast Imaging Pty Ltd was ordered to pay a $200,000 penalty for making false representations about its services and products.
In March, the Court found that the company had claimed its MEM device could assess whether someone was at risk from breast cancer, the level of the risk and if they had the cancer at all. The company said there was scientific basis to back this up, however, it was proven that there was not.
Justice Barker explained that the company’s conduct neglected patient’s medical and mental health and their rights.
“The conduct of Safe Breast Imaging and Ms Firth had the potential to pose a grave risk of serious harm to the health of consumers, who were or were likely to be misled into believing the MEM device could be used for the purposes represented,” His Honour said.
The Justice noted that no Australian registered doctors were involved in the imaging analysis and the comfort of patients was misplaced.
The Australian Competition and Consumer Commission’s (ACCC), Sarah Court explained that the company’s conduct was a form of medical negligence.
“Consumers are entitled to expect that breast imaging services would be provided with medical oversight and promoted in a way that is consistent with credible scientific knowledge,” she said.
Medical negligence in NSW
If you have received poor or incorrect medical information that has lead to further complications, you could be eligible for compensation.
Medical negligence claims can entitle you to a wide number of different compensation packages. This can include compensation for economic hardships such as loss of wages and superannuation.
You can also claim for costs of past and future care that you have needed since your illness. These types of claims are usually very complex, so it is suggested that you seek legal advice from a lawyer.
Call our expert medical negligence lawyers today for free over-the-phone advice on our Free Call Number, 1800 004 878.