While medical negligence is uncommon in Australia, it does occur. When this happens, knowing how to file a medical negligence claim is critical if you have been harmed. Medical malpractice occurs when a medical professional or healthcare provider is at fault and causes harm to a patient. The damage could range from a new injury to a worsening pre-existing condition.
Medical negligence lawyers in Perth are trained to assist you in understanding your rights and obtaining the medical negligence compensation you are entitled to.
The steps you must take to file a medical negligence claim
Those who seek medical attention or receive care from their healthcare professionals rely on those professionals to address the issue using their years of study and experience. Sometimes this involves caring for a patient who has arrived with a medical problem, and other times it consists in providing preventative care.
In any case, you trust your doctors and nurses to do what’s best for your health. When they do, the consequences for the victim and their support system can be severe if not handled properly. If you believe you or someone you know has been harmed by medical negligence and wish to file a medical negligence claim, it is critical to understand what qualifies under the law.
An individual can file a medical negligence claim against a medical practitioner after an accident caused by the treatment of a healthcare worker. Remember that the injuries sustained in medical negligence cases can be physical or psychological.
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Collect Evidence
You must gather evidence to support your claim as someone who needs to prove medical negligence. If your medical negligence claim is successful, you want the courts to uphold it. It is critical to establish that the medical professional owed you a duty of care, which means they were responsible for your health at some point.
While the healthcare establishment should keep your medical records, you will thank yourself for developing the habit of saving your own. Here are some examples:
- The preliminary diagnosis.
- Any written correspondence with your physician.
- Clinical negligence allegations in writing.
- The doctor’s corresponding reaction to the negligence.
- Medical establishments must provide proof of resulting injuries.
- Discharge report.
- Surgical notes.
- Prescriptions for the medical malpractice case.
- The results of laboratory tests.
If you have your records and evidence, it will be easier to prove that the medical provider did not live up to the expected standard of care, which resulted in harm.
Once you’ve decided to file a medical negligence claim, you should contact a lawyer to review your evidence and assist you with the process. Because each case is unique, medical compensation lawyers can evaluate your specific situation and provide you with the best chance of obtaining the outcome that you deserve.
Realistic reasons to file a negligence lawsuit
These lawyers can tell you if you have sufficient grounds to file a negligence claim, but it is helpful to have a general idea before going in. The following are some of the most common reasons someone might file a compensation claim.
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Misdiagnosis in Medicine
If you or someone you know received a later proven incorrect diagnosis, you might file a medical misdiagnosis claim. In some cases, the medical professional may have completely missed the diagnosis. Medical misdiagnosis is considered negligence because it can result in delays in the medical treatments, no treatment at all, or incorrect treatments.
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Surgical Malpractice
Harm or injury is caused during surgery in this type of medical malpractice. Surgical negligence can also occur immediately following a medical procedure. Here are some examples of this type of malpractice:
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- Working in the wrong place.
- Leaving surgical instruments inside a patient.
- Surgical procedure that needs to be completed or corrected.
- Infection as a result of surgery.
- Nerve damage is possible.
- Unneeded surgery.
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Error in Prescription
If you or someone you love was prescribed the wrong medication or amount and it caused harm, you have substantial grounds to file a medical negligence claim. This is where pharmacists, nurses, and other medical administrators may fail.
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Birth Trauma
Birth injury malpractice is an extreme case of medical negligence. Physical injuries to the mother, child, or both during birthing are examples. If the mother or baby suffers serious harm during the delivery process, birth injury malpractice should be considered. Birth injuries can include the following:
- A poorly performed C-section.
- Ineffective placenta management.
- Errors with the umbilical cord.
How long do I have to file a medical malpractice claim?
Your ‘initial claim’ must be filed within three years of the date of injury or diagnosis. This period can, however, be extended for children and people with disabilities. If you’ve exceeded a time limit, time extensions may be available; therefore, you should consult a Personal injury lawyer Perth WA who can advise you on your specific situation.
How long does it take to settle a medical malpractice claim?
In Australia, medical negligence claims can take years to resolve. This is because claims can be complicated, and waiting for injuries to stabilise may be necessary before filing a claim. Accepting a settlement offer before your injuries have stabilised could mean you miss out on a significant amount you are entitled to, so wait to receive it. Legal counsel should accompany any offer.
However, suppose your injuries have stabilised, and there is clear evidence of medical negligence, or your circumstances require a more urgent settlement. In that case, your claim may be settled in a shorter time frame.
