Hospital negligence occurs when treatment provided by a health professional such as a doctor, dentist, pharmacist, chiropractor or hospital/nurse falls below an acceptable standard as part of your treatment whilst in hospital.
The duty of care owed by a doctor or institution such as a hospital is high but it must be accepted that certain medical treatment is not always successful and injuries do result and one cannot blame the hospital or medical provider. In other words negligent treatment is more than a simple reasonable mistake.
When a patient has a health issue and visits a public or private hospital, they have a right to expect a reasonable standard of service or treatment. This includes that:
In most hospital visits, people are treated with compassion, professionally and with appropriate skill and care. However, sadly, there are many occasions when the medical specialists fail in their duty of care, such as failures to diagnose or refer to specialists, or from surgical errors or poor post operative care.
Laws, and the proceed to sue a hospital or medical practitioner vary by state. For most states in Australia, there is a three year limit to bring action against a negligent medical practitioner and/or hospital. However, under specific situations this can be extended.
The medical field is complex, and one of the most challenging parts of medical negligence cases is proving causation between failures of the medical staff and any ongoing issues of the claimant. For this reason, it is highly recommended to consult specialist medical negligence lawyers who have experience and resources needed to pursue these claims.
When working with our clients, we investigate a wide range of factors to understand the eligibility of a claim and how much compensation if likely to be awarded, including:
The Medical Negligence team at Gerard Malouf & Partners are experts when managing hospital negligence and malpractice claims against hospitals and medical specialists who fail to uphold the reasonable expectations of their field. For free over-the-phone advice call our team today on 1800 004 878.