Medical Negligence Lawyers

A medical negligence claim, also known as a medical malpractice claim, is a legal action taken when a healthcare professional or institution fails to provide a standard of care that meets accepted medical practices, resulting in harm to the patient. In Sydney and throughout Australia, these claims arise when medical treatment falls below the expected standard, causing injury, worsening of a condition, or death.

To establish a medical negligence claim, Medical Negligence Lawyers must prove four key elements: duty of care, breach of that duty, causation, and damages. Healthcare providers owe a duty of care to their patients, and if this duty is breached through substandard treatment, and that breach directly causes harm, a claim may be valid. It’s important to note that not all adverse medical outcomes constitute negligence; sometimes, complications occur despite proper care.

These claims can be complex, often requiring expert medical opinion to establish the appropriate standard of care and how it was breached. As medical negligence lawyers, we navigate these complexities to seek compensation for our clients, which may cover medical expenses, loss of income, and pain and suffering.

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As Medical Negligence Lawyers, we often hear this question from potential clients. The answer depends on several factors specific to your situation. Generally, you may be eligible to make a medical negligence claim if you’ve suffered harm due to substandard medical care within the past three years. However, there are exceptions to this time limit, particularly for minors or in cases where the negligence was not immediately apparent.

To have a valid claim, we need to establish that:

1. You were owed a duty of care by the healthcare provider
2. This duty was breached through substandard care
3. You suffered harm as a direct result of this breach
4. The harm resulted in quantifiable damages

It’s crucial to have your case assessed by our experienced medical negligence lawyers. We can review your medical records, consult with medical experts, and determine if your case meets the legal threshold for a claim. Remember, not all adverse medical outcomes are due to negligence; sometimes, complications occur despite proper care.

Talk to our Medical Negligence Lawyers today.

As Medical Negligence Lawyers, we encounter various types of medical negligence claims. These can broadly be categorised as follows:

1. Misdiagnosis or Delayed Diagnosis: When a healthcare provider fails to diagnose a condition or provides an incorrect diagnosis, leading to harm.
2. Surgical Errors: Including operating on the wrong body part, leaving surgical instruments inside the body, or causing unnecessary damage during surgery.
3. Medication Errors: Prescribing or administering incorrect medications or dosages.
4. Birth Injuries: Negligence during pregnancy, labor, or delivery that harms the mother or child.
5. Anaesthesia Errors: Complications arising from improper administration of anaesthesia.
6. Failure to Treat: Not providing necessary treatment or unreasonable delays in treatment.
7. Consent and Failure to Warn: Not obtaining proper informed consent or failing to warn of known risks.
8. Hospital Negligence: Systemic failures in hospital care, including issues with hygiene or patient management.
9. Dental Negligence: Substandard dental care leading to injury or unnecessary procedures.
10. Psychiatric Injury: Negligent management of mental health conditions.

Each type of claim has its unique challenges and requires specific evidence to prove negligence. As medical negligence lawyers, we tailor our approach to the specific circumstances of each case to best represent our clients’ interests.