Medical professionals are responsible for treating their patients, taking care of them, until they are 100 percent and be there in their pain. There is no doubt that they perform their duties really honestly, but in some odd cases, things go against their fortune and they become responsible for a medical negligence. In such cases, they should accept the fault and do the needful by offering compensation, offering free of cost treatment and other things as per the law. But when this does not happen and a medical professional refuses to take responsibility of the negligence, the victim has just one option left, i.e. of seeking services of medical negligence lawyers.
However, people need to understand they hiring professional negligence lawyers is not an easy thing and they have to be aware of certain facts. The knowledge of these facts will only help you get hold of the best law firm and get the maximum worth out of the fee you pay to them to fight your case. Some of the most crucial information and facts have been furnished here in this article.
Can I Make A Medical Negligence Claim?
Every citizen on the country of Australia reserves this right of making a claim with the help of the compensation negligence lawyers, if he/she thinks that negligence occurred. If you think that due to the mistake of a medical professional, you have suffered mentally, physically or financially, it’s you right to make a claim against the culprit. This culprit could be anyone like a hospital, doctor, nurse, assistant, lab personnel, dentist, pharmacist or other employer or allied health professional.
The majority of negligence cases come in the following fields of medical treatment.
- Emergency Medicine
- Misdiagnosis Of Medical Conditions
- Delayed Diagnosis Of Medical Conditions
- Drugs And Drug Reactions
- Cosmetic Surgery
Medical Negligence Compensation Against Whom?
As mentioned above, if you think that you suffered physically, mentally, emotionally or financially because of the fault of the medical profession, you can exercise this right of making a claim. This claim can be made against the concerned medical professional as the hospital that he/she is associated with the help of compensation negligence lawyers.
Below is the list of suffering or problems that a person could face due to negligence made by the medical professional.
- Making an Existing Condition Worse
- Misdiagnosis or Failure to Diagnose a Condition
- Failure to Provide the Appropriate Treatment or Referral
- A Delay in Diagnosis or Providing the Appropriate Treatment or Referral
- Failure to Perform Surgery or Provide Post-Operative Care With Reasonable Care and Skill
- Incorrectly Reporting On Test Results
What To Expect As Medical Negligence Claim?
The claim you made will be taken into consideration by the concerned health care centre and if it is found within the general Australian Law, they will find no problem in agreeing to the same. However, if they disagree to the same, you always have this right of seeking services from compensation lawyers and move to court and file a case there. But make a successful medical negligence claim; you need to be able to prove that:
- There Was Negligent Medical Treatment
- The Treatment Caused An Injury Or Some Harm That Would Not Otherwise Have Occurred
According to the experts, the “standard of care” for a medical service provider is generally based upon the kind of care that other service providers would have provided in that situation. If the court establishes that there were several or just even one negligence shown as per the standard, the case of medical negligence can be justified. This is really important because more than half of the suites related to this fail because those making a claim have no idea whatsoever about this.