The ins and outs of medical negligence claims

Date: Feb 27, 2014

According to the World Health Organisation, approximately 18,000 people are killed in hospitals around the country each year because of medical negligence.

This number jumps to 50,000 when people who have been permanently injured due to medical negligence are taken into account.

All medical practitioners in Australia are required to give patients a "reasonable standard of care" when providing treatments and procedures. If it can be proved they haven't, and you've been harmed in some way as a result, you may want to get in touch with medical negligence lawyers and start putting a case together.

If you're successful, you could be entitled to injury compensation.

It can be difficult to prove that medical practitioners have failed to give patients a "reasonable standard of care", however. Many treatments and procedures come with an inherent level of risk, which means that even if all the proper steps are taken to perform them, sometimes people will be permanently injured or killed.

You should consider before resorting to medical negligence claims whether any treatments or procedures you underwent were unsuccessful or harmed you because of some mistake on the part of your medical practitioner, or whether you were simply unlucky. 

If you're not sure, medical negligence lawyers can discuss the facts and figures of the incident or incidents with you and determine whether or not you should go ahead with your claim.

Another problematic aspect of medical negligence claims – even when they are successful – is figuring out the amount of compensation the injured party should receive. This decision is based on a number of factors, including what your quality of life would have been if the incident or incidents had never occurred.

That's why having an experienced compensation lawyer in your corner is beneficial. They should be able to help you determine how much your case is worth and do their best to make sure you are compensated accordingly.

So, what are some examples of incidents that constitute medical negligence?

According to, you could be entitled to make a medical negligence claim if you were not warned of the risks or side-effects associated with certain treatments or procedures. 

In addition to this, being given an incorrect or incomplete diagnosis – when your medical practitioner should have been able to figure out what was wrong with you – may also be regarded as medical negligence.

For more information, get in touch with the medical negligence solicitors at 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.