Medical Negligence Lawyers in Parramatta
When medical treatment does not go as expected, the consequences can affect your health, your ability to work, and your finances. However, a poor medical outcome does not automatically mean that negligence has occurred. Establishing a claim requires consideration of the treatment provided, the applicable standard of care, and whether a breach of that duty caused your injury or loss.
Our medical negligence lawyers in Parramatta can assist individuals and families who have suffered harm that they believe may have resulted from negligent medical treatment or care. We can assess the circumstances, explain your legal options, and help you understand what may be required to establish a medical negligence claim.
Proving medical negligence can be complex. The NSW Civil Liability Act 2002 sets out requirements relevant to establishing negligence, making appropriate legal advice important when determining whether a claim may be available.
To establish negligence, you must show that:
- Your doctor owed you a duty of care;
- Your doctor breached that duty of care (by doing or not doing something);
- You have suffered physical or financial harm; and
- Your doctor’s breach of duty of care caused that harm.
How Is Medical Negligence Established?
All hospitals, doctors and nurses have a duty of care to take reasonable care in the treatment they provide. The duty of care is owed to anyone who could foreseeably be harmed by their actions (or failures to act). This special relationship between a doctor and patient gives rise to a non-delegable duty of care.
In deciding whether there has been a breach of the duty of care, the first question to be determined is whether a reasonable person in the doctor’s position would have foreseen that his conduct involved a risk of injury to you.
The second question to be determined is what a reasonable person would do by way of response to the risk. The Court needs to consider whether the risk of harm was foreseeable and whether the risk was not insignificant.
One aspect of proving that your doctor has been negligent is answering the question whether your doctor failed to comply with what is accepted competent professional practice. The other aspect is to establish that the breach of the duty of care actually caused an injury. If the injury, loss, or damage would have happened regardless of the breach of the duty of care, then no compensation can be claimed.
You must show that it was more probable than not that the breach of the duty of care caused the injury and the loss and damage that flowed from the injury.
Types of Medical Negligence Claims
Medical negligence can arise in different healthcare settings. Whether negligence has occurred depends on the individual circumstances.
Matters that may require investigation include:
- Delayed or incorrect diagnosis
- Failure to diagnose a medical condition
- Surgical errors
- Medication or prescription errors
- Inadequate treatment or aftercare
- Failure to make an appropriate specialist referral
- Failure to adequately warn about material risks
- Birth-related medical negligence
- Dental negligence
- Negligence associated with cosmetic procedures
Our medical negligence lawyers in Parramatta can review the circumstances surrounding the treatment and advise whether further investigation of a potential claim may be appropriate.
How We Can Help With a Medical Negligence Claim
Medical negligence claims often depend on detailed medical evidence and establishing a connection between the treatment provided and the harm suffered.
Our team can assist by:
- Reviewing the circumstances surrounding your treatment
- Helping identify the relevant legal issues
- Obtaining and reviewing medical records
- Considering the evidence required to support the claim
- Seeking appropriate independent medical evidence where required
- Assessing the losses associated with the injury
- Communicating and negotiating with the relevant parties and insurers
- Advising on settlement offers
- Representing you in dispute resolution or court proceedings where necessary
Our role is also to explain the process clearly so that you understand what is happening, what evidence may be required, and the options available to you as the matter progresses.
What Can Medical Negligence Compensation Cover?
The compensation available in a successful medical negligence claim depends on the nature of the injury, its financial consequences, and the individual circumstances of the person affected.
Depending on the claim, compensation may account for losses such as:
- Past and future medical and treatment expenses
- Past and future loss of income
- Reduced future earning capacity
- Rehabilitation expenses
- Travel associated with treatment and medical appointments
- Domestic care and assistance
- Pain and suffering or other applicable non-economic loss
The amount recoverable cannot be determined from the injury alone. The evidence surrounding the treatment, the extent of the harm, and the resulting financial and personal losses must also be considered.
Medical Negligence Frequently Asked Questions
Medical negligence is a legal concept that arises when a healthcare professional or facility fails to provide an acceptable standard of care, resulting in harm or injury to a patient.
It can occur when a healthcare provider fails to diagnose a medical condition, provides incorrect treatment or medication, performs a surgical procedure incorrectly, or fails to provide appropriate aftercare. Negligence can also occur when a healthcare provider fails to obtain a patient’s informed consent before performing a procedure or treatment.
In general, medical negligence involves a breach of the duty of care that a healthcare provider owes to their patients. If a patient suffers harm due to medical negligence, they may be able to pursue legal action to recover compensation for their injuries.
There is no standard compensation amount for a medical negligence claim. The amount that may be available depends on factors such as the nature and severity of the injury, its effect on your ability to work, treatment requirements, care needs, and other losses resulting from the injury.
The potential value of a claim therefore needs to be assessed according to the individual circumstances and supporting evidence.
Individuals who have suffered harm or injury as a result of medical negligence can make a claim for compensation. This may include:
- Patients
- Family members
- Legal guardians
- Executors of estates
Doctors have a duty to warn you of inherent risks involved in a medical procedure. A doctor’s duty to warn of inherent risks is to protect you from injury that is unacceptable.
For example, if you underwent a surgical procedure relating to your spine, the doctor would have to warn you of inherent risks such as nerve damage and paralysis.
If your doctor has made a mistake and you have suffered loss or injury as a result, you may have a claim in negligence against your doctor.
To establish negligence, you must show that:
- Your doctor owed you a duty of care.
- Your doctor breached that duty of care.
- You suffered physical or financial harm.
- Your doctor’s breach of duty of care caused that harm.
If you have suffered injury or loss as a result of the negligent care of your dentist, you may have a dental negligence claim.
Some common complaints against dentists include:
- Failure to diagnose and treat complications arising from extractions
- Performing unnecessary treatment
- Failure to warn of material risks associated with treatment
- Failure to make necessary specialist referrals
- Cosmetic dental surgery negligence
- Failure to diagnose oral cancer in a timely manner
- Nerve damage
- Periodontal disease
- Failure to obtain informed consent
Some common cosmetic surgery complications include hematoma, nerve damage, infection, deep vein thrombosis, scarring, appearance dissatisfaction, organ damage, and blood loss.
Whilst some complications may not occur through any fault of your doctor, doctors have a duty of care to provide reasonable treatment and care.
Nervous shock is a historic term derived under English law which refers to psychiatric or mental illness or injury inflicted upon a person by intentional or negligent actions or omissions of another.
Compensation that may be claimed can include:
- Past expenses
- Future expenses
- Lost wages
- Future economic loss
- Non-economic loss
You have a legal right to access your medical records under the Health Records and Information Privacy Act 2002 (NSW).
Your request must:
- Be in writing.
- Include your name and address.
- Identify the health information being requested.
- Specify how you would like to access the information.
- Identify anyone authorised to access the information on your behalf.
A claim can be brought against a doctor for bad advice so long as that advice is considered negligent.
Medical negligence cases can be complex, with a burden of proof on the victim, and it is important to obtain legal advice. McAuley Lawyers acts in these matters on a no-win no-fee basis and has accredited specialists in personal injury law.
Speak With Our Medical Negligence Lawyers in Parramatta
Obtaining legal advice can help you understand whether a medical negligence claim may be available and what steps you can take next.
Speak with McAuley Lawyers' medical negligence lawyers in Parramatta about your circumstances. Our team can assess the matter, explain your legal options, and guide you through the next steps where a potential claim exists.
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