Medical treatment is a necessary part of life.  If an injury occurs as a result of medical treatment, the results can be devastating.   

If the injury was caused by a medical error, you may be entitled to bring a claim for compensation.  It will be necessary to demonstrate that the medical error was caused by the negligence of the treatment provider.

Was the treatment provider negligent?

Medical professionals are expected to provide treatment competently and with skill appropriate to their qualifications.  If treatment is performed incompetently and not to an appropriate standard, the treatment provider may be found to have performed the treatment negligently.

Performing treatment on the left leg when the right leg is injured is a clear example of a treatment provider acting negligently.  There are many other situations that amount to negligent medical treatment that are not so obvious.

A treatment provider may be found to have acted negligently if they:

• perform surgery without the necessary skill required for the surgery they are performing;
• fail to take a proper medical history resulting in a medical condition being misdiagnosed;
• fail to properly investigate a medical condition;
• fail to provide and/or arrange appropriate treatment;
• delay surgical or medical treatment required by a patient.

Not all injuries sustained during medical treatment are caused by the treatment provider’s negligence.  Medical treatment brings with it a risk of injury.  Prior to medical treatment being provided, you should be advised of any risks associated with the treatment you are to receive.  You can then decide whether you are willing to accept the risks of injury associated with the treatment prior to it being provided.  If appropriate warnings were not provided to you prior to the treatment being performed, the treatment provider may be found to be negligent.

Will my injury be compensable?

It will be necessary to provide medical evidence demonstrating a link between the injury and the treatment provider’s negligence. If it can be demonstrated that your injury was caused as a result of your treatment provider’s negligence, you may be entitled to bring a claim for compensation.  The claim may include compensation for pain and suffering, loss of income and superannuation, care provided by family members, paid domestic and care services, and treatment expenses.

If you think you have suffered an injury as a result of a medical error and would like to know whether that medical error was caused as a result of negligence, we have a specialist medical negligence team that can provide you with advice. 

Contact DBH Lawyers on 1800 324 324 or send us a message.