Medical Negligence Compensation
By some estimates, as many as 18,000 Australian’s die every year as a result of medical and hospital errors, while 50,000 people suffer a permanent injuries. The impact of these errors can be devastating to both individuals affected and their families.
Medical negligence or medical malpractice occurs when hospitals, doctors, nurses, chemists or other health providers fail to deliver medical services of the appropriate standard. The types of claims can range from misdiagnosis through to treatment and procedural errors.
Pursuing a successful medical misadventure/medical negligence claim requires a high degree of expertise and experience as doctors make mistakes but not all mistakes fall under the umbrella of medical negligence.
Medical negligence claims by their nature are often complex and defended vigorously by the medical practitioners, their insurers and their solicitors.
Ian Watson has been practicing in this area of law, for more than 30 years, and can provide to you with expert advice when it comes to investigating and pursuing a loss caused by medical negligence.
Fequently Asked Questions about making a Medical Negligence or Malpractice Claim
A claim can potentially be made against a doctor, hospital or other health provider if injury is caused because of a failure to:
- failure to warn of the risks of an operation or procedure
- failing to diagnose a specific condition
- failing to perform a procedure with reasonable care and skill as expected of a practitioner;
- failing to refer a patient to an appropriate specialist
- failing to provide adequate post-operative care
In Western Australia there are strict time limits regarding the making of a claim against health professionals.
A frequently asked question is “how much is my claim worth”?
This is a difficult question to answer, as every case is different. Compensation is awarded according to the “damage” or harm and loss suffered. In order for Ian to determine the extent of your claim he will need to quantify your claim on the basis of what losses you have suffered, and what needs have been created as a result of the negligent act. Factors that may be considered include the following:
- Past medical treatment expenses
- Future medical expenses
- Past and future loss of earnings
- General damages for pain, suffering, emotional distress and loss of enjoyment of life
General Damages for pain and suffering, emotional distress and loss of enjoyment of life are not presently recoverable if worth under $19,500.00 and if assessed between $19,500.00 and $59,000.00 the first $19,500.00 is deducted.
08 9721 8377
Consultations are by appointment
and you can contact Ian directly for an initial cost free telephone enquiry.
Liability limited by a scheme approved under Professional Standards Legislation