Who can I bring a medical negligence claim against?

PUBLISHED 29 May 2014

All professionals – including medical professionals – have a duty of care toward their customers.

This means you can expect to receive a reasonable standard of care from whatever healthcare provider you seek out for treatment or advice.

If you receive care that is below this reasonable standard, this is called medical negligence. This sort of behaviour could lead to serious illness or injury and, in extreme cases, death.

In New South Wales, those who are victims of medical negligence have the option of making a medical negligence claim. With the help of an experienced medical negligence lawyer, you could receive compensation for your injury.

Who can you bring a medical negligence claim against?

If your medical negligence lawyer, after reviewing all the details of your injury, decides that you have a case, the next step will be to figure out who your medical negligence claim should be made against.

It’s a common misconception that such a claim can only be brought against a doctor. This is not the case – in fact, reveals Legal Injury, a medical negligence claim can be brought against either an individual or an organisation.

So, you can accuse your doctor or nurse of medical negligence, or – if necessary – the hospital where you received treatment.

Legal Injury adds that chiropractors, physiotherapists, dentists, midwives and myriad other medical professionals can also be held accountable if they have failed in their duty of care toward you.

It’s important to remember the laws around medical negligence can differ from state to state, which is why you need to seek the advice of an expert medical negligence lawyer who is well versed in New South Wales legislation.

For more information, get in touch with Gerard Malouf Partners today.

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