Hospital Negligence Compensation Claims

Laws, and then 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 the 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 is likely to be awarded, including:

• Should the patient have received other tests prior to any operation that may have suggested alternative forms of treatment.
• Have the medical practitioners explained all risks of the operation, and ongoing recovery, in an informed manner so the patient can make an informed decision.
• Whether the treatment or surgery performed in a manner that was appropriate for the standards set by peer groups of medical specialists, and if any further, unnecessary injury may have been caused.
• Whether laparoscopic (keyhole) surgery could have been performed as an alternative to more invasive surgical methods that may risk ongoing subsequent injury or infection.
• Whether or not a patient, during the course of surgery, was moved appropriately so as to avoid orthopaedic injuries during their surgery.
• Whether cosmetic surgery was performed in an appropriate manner, covering breast surgery, rhinoplasty, liposuction if it was ultimately needed and whether the end result was worthwhile.
• Any failure to diagnose heart conditions, meningitis, sarcoma, stroke, cancers or orthopaedic issues would be reasonably expected during the cause of treatment.
• Failure by hospital staff to provide adequate post-operative assistance in respect of medication, further investigations and additional surgery required, including if releasing the patient prematurely.