What professions can have medical negligence claims made against them?

PUBLISHED 16 Dec 2019

If you believe you’ve suffered an injury due to medical negligence, you may be able to receive compensation from the negligent party. Unfortunately, many individuals suffer complications from surgery or improper care, and as such, can incur additional expenses, suffer loss of income or experience mental distress from medical malpractice.

It’s normal to be confused when you’re put into a distressing situation that may involve long-term consequences due to medical negligence. There are a few basics you need to know.

Who can be proven negligent?

While doctors and surgeons may come to mind when considering medical negligence, an array of medical professionals can be held accountable if deemed negligent. Doctors, dentists, nurses, surgeons, pharmacists, midwives, radiologists and hospitals or medical practices can all be subject to medical negligence claims.

These practitioners all have a duty of care toward patients. When they breach that duty of care through medical negligence, whether in surgery, through an improper diagnosis, failure to warn a patient of all associated risks or by prescribing dangerous, incorrect medication dosages, those injured or harmed can hold negligent professionals to account. Additionally, these professionals are all required to hold professional indemnity insurance for these very reasons, giving those who have suffered a medical injury a route to receiving compensation.

Medical negligence cases are complex – it’s important to speak to a professional to determine whether you have a legitimate case, what you may be eligible for, and how to proceed when pursuing compensation.

What damages can I receive?

If you have sustained injuries due to medical negligence, you may be eligible for compensation for economic and non-economic losses.

  • Loss of wages, superannuation and other economic losses
  • Compensation to cover the costs of past, current and future care you have required due to the sustained injuries
  • Compensation for non-economic losses such as pain and suffering

How can I prove medical negligence?

Medical negligence lawyers can help you sort through your case to determine whether you can prove you have suffered injuries due to medical negligence. Lawyers will look to prove the following.

  • Duty of care: Medical professionals are required to provide skillful care for their patients, with actions that show sound judgement. Medical negligence lawyers will need to prove a medical professional violated duty of care.
  • Standard of care: Lawyers must prove the medical professional in question failed to provide adequate care for the injured party.
  • Causation and damages: To successfully receive compensation, legal professionals will have to prove the injured party incurred economic, physical or psychological harm due to medical negligence.

Call us now on 1800 004 878 to book a free appointment with one of my compensation experts, or email your enquiry.