Canberra Medical Negligence Solicitors

Has your physical and/or emotional health been marred by poor medical treatment? Our expert medical negligence solicitors are based in Canberra, and provide legal assistance to victims of medical negligence throughout the Australian Capital Territory (A.C.T). If you have suffered from poor hospital or medical treatment, you should consider talking to one of our medical negligence lawyers about taking legal action for medical negligence compensation.

Insurance companies often vigorously defend medical negligence claims against healthcare providers such as hospitals, doctors, surgeons, dentists, nurses, midwives, optometrists, psychologists, and chiropractors. Victims of medical negligence should make sure that they obtain the best legal advice and representation possible from a lawyer who specialises in representing patients and their families. Our medical negligence solicitors are passionate advocates for patients’ rights, and will ensure that all legal avenues are pursued in an efficient and professional manner.

Call our legal helpline for free legal advice from a specialist medical negligence solicitor. Alternatively, complete the online contact form or send an email, and a lawyer will be in touch as soon as possible.

Medical Negligence Claims

The law recognises that when a patient is injured as a result of negligent treatment, misdiagnosis, or incorrect medical advice, that patient has the right to pursue compensation. Our lawyers have handled many complex medical negligence claims involving poor hospital treatment, surgical errors, and negligence by general practitioners, medical specialists and allied health care providers. Examples of medical negligence claims include:

• Missed Diagnosis of a medical condition. For example, misdiagnosis of cancer means that treatment is delayed. If the cancer is diagnosed later, it may be too late as they cancer may have already spread.



• Errors in hospital emergency departments: For example, symptoms of a heart attack or stroke are misdiagnosed resulting in a delay in necessary care. A patient is often sent home without proper treatment, resulting in death or permanent disability.



• Mismanaged pregnancy: Failure to treat medical conditions in the mother such as high blood pressure and diabetes during pregnancy.



• Complications of labour: Negligent administration of labor-inducing medication, such as syntocinon, can result in a ruptured uterus that can result in catastrophic or fatal injuries to the mother and baby. Another example is failure to treat infections from c-sections.



• Birth Injury: lack of oxygen to the baby’s brain resulting in brain damage, cerebral palsy. Doctors and midwives should keep a close eye on the fetus's health and position throughout the birth process.



• Paediatric negligence: failure by doctors to institute timely treatment of elevated bilirubin levels, resulting in brain damage. Another example is a failure to diagnose meningitis.



• Infections: failure to properly treat infections, resulting in amputation of limbs or death.



• Surgical negligence: swabs left inside patients can become infected and cause ongoing pain until removed. Another type of surgical error is when the wrong body part is operated on.



• Errors with medication: incorrect medication prescribed by doctor. Some medications have similar names and can be confused.



• Misread x–ray, slides, and ultrasounds.



• Failure to order hospital admission when warranted.



• Failure to warn of material risks which eventuate.



• Wrongful death.



• Nervous shock.

Investigating a claim

A medical negligence lawyer will speak with the client, initially over the phone and sometimes in person (for example hospital visits), to hear the client’s version of events. A preliminary assessment is made by the lawyer as to whether a claim could be made under the law, and therefore whether it is worth proceeding to an investigation.

An investigation usually involves obtaining copies of medical records, hospital records, treatment reports and a statement from the patient. After these documents are reviewed by the medical negligence lawyer, a decision is then made as to whether to obtain an independent expert’s report from a health care practitioner in the same field of practice as the defendant. A medical expert will review the brief of evidence and provide an opinion on matters such as the applicable “standard of care”, breaches in the “duty of care”, and “causation of damage”.

The lawyer will then review the medical expert’s report together with all other available evidence and advise the client as to whether a medical negligence claim is likely to succeed. As you can see, it takes to time to investigate and build a case. It is important that a thorough assessment is made as to the likely prospects of success in the claim.

Our lawyers will advise you along every step of the way, and will fully inform you of the strengths and weaknesses in your case and the options available to you. They will tell you if you should drop your case, continue with your case, settle out of court or proceed to trial.

Medical Negligence Law

A medical negligence solicitor will usually advise that legal action for compensation should be taken if there is sufficient evidence, on the balance of probabilities, that:

1. There was a breach in the standard of care by the health care practitioner; AND
2. The breach in standard of care resulted in “damage”. This is known as “causation”; AND
3. “Damage” has been suffered (such as an injury, disability or loss) that is recognisable and quantifiable at law.

In the A.C.T, the standard of care that applies to health care professionals can be found in the common law. It was held in Rogers v Whitaker, that:

“the standard of care to be observed by a person with some special skill or competence is that of the ordinary skilled person exercising and professing to have that special skill... while the evidence of acceptable medical practice is a useful guide for the courts, it is for the courts to adjudicate on what is the appropriate standard of care…”.

If a breach in standard of care and causation are proven, an assessment is then made as to the value of the claim.

Compensation

The amount of compensation that can be awarded depends on the circumstances of the case.

The Civil Law (Wrongs) Act 2002 (ACT) sets out various thresholds and caps on damages which can be awarded. It allows compensation to be awarded for:

• Loss of Wages. Loss of wages is capped at three times the Average Weekly Earnings published by the Australian Bureau of Statistics.



• Non-economic loss. This is compensation for pain and suffering, loss of amenities of life, loss of expectation of life, and disfigurement.



• Damages for any resulting impairment or loss of the injured person's capacity to perform domestic services that the injured person might reasonably have been expected to perform for his or her household if the injured person had not been injured.

A claim can also be made for any out-of-pocket expenses arising from the injury- eg the cost of doctor’s consultations and hospital admissions; medication; healthcare equipment and aids.

Limitation Period

Very strict limitation periods for notification and commencement of legal proceedings are applicable. Generally, a person has 3 years from the date of the injury to commence legal action. Where the injury is a disease or disorder, they have 3 years from the day before they first became aware that their disease or disorder is related to someone else’s negligence. Special rules apply to children.

Only in extreme circumstances will the court allow an extension of time to commence legal action. Therefore it is important to seek legal advice as soon as possible. If you are uncertain as to whether the time limit has run out in your situation, you should speak with a solicitor straight away.

No Win No Fee Solicitors

There is no doubt that the right medical negligence solicitor can make a difference in the outcome of your claim. Our medical negligence solicitors are experts in their field. They operate on a No Win No Fee basis, which means that they do not get paid their professional costs unless they succeed in obtaining compensation for you. They are therefore only interested in representing claimants that have reasonable prospects of succeeding in their claim.

It is important to consult a medical negligence solicitor as soon as possible, to learn your legal rights and options and begin taking action to hold the doctor or other health care professionals accountable for their negligent actions. Call our helpline, or complete the Contact Form to receive confidential and free legal advice.

Canberra Medical Negligence Solicitor
St George Centre
60 Marcus Clarke Street
Canberra
ACT 2601