Every year, thousands of Australians go under the knife for surgeries of all different types. Thankfully, we are blessed with a health system that rates among the best in the world - our medical practitioners, facilities, and services are top-notch - and many patients enjoy excellent results from medical procedures.  

Medical professionals have a duty of care towards their patients - they are responsible for diagnosing, treat and care for them in a way that will ensure their physical and mental well-being.  However, with the number of surgical procedures per year increasing, medical negligence is a growing concern.  As a result of medical negligence, many patients suffer serious health issues and permanent injuries outside of the known side effects of the surgery. 

It's estimated that the number of deaths resulting from medical error and neglect is staggering, with at least 18,000 deaths per year and a further 50,000 people suffering permanent injuries as a direct result of medical negligence.

What is Medical Negligence?

Everyone is entitled to good health care, regardless of age, gender, or mental capacity. In everyday terms, medical negligence is substandard care or treatment. It can take many forms such as:

• * Misdiagnosis
• * Failure to provide the correct treatment
• * Surgical mistakes
• * Failure to fully inform patients of possible side effects of surgery

Medical negligence may cause an existing condition to worsen or result in injury to the patient. 

A medical practitioner may be proved negligent if:

1. The patient has suffered injury or a harmful result from treatment, outside of the known side effects of the procedure.
2. The industry standard of patient care has been breached.

Who Can I Make a Claim Against?

You can make a medical negligence claim against a professional in the healthcare industry. This could include GPs, surgeons, dentists, nurses, and allied health professionals. In many cases, a practitioner may be covered by their organisation, so you would need to claim against the company rather than the individual.

How Do I Know If I Have a Medical Negligence Case?

For a medical negligence case to be successful, the victim must be able to prove that they have suffered injury or that an existing condition has worsened because they have received substandard medical care.

Put simply, there must be enough evidence to prove that the medical practitioner did the wrong thing and that the patient has suffered further injuries because of what that medical practitioner did.

Medical negligence claims are no job for a novice, so it's important that you contact a professional team of lawyers who specialise in medical negligence claims.  

If you are the victim of medical negligence, it can be physically and emotionally traumatic, and the thought of legal proceedings can be daunting. This is why it's important to find a practitioner who specialises in this space and understands the emotional toll involved.

When Can I Make a Claim?

You also need to be aware of timelines and act fast if you think you have a case. There are time limits on medical negligence claims, and too many victims wait too long before they act.  

A statute of limitations defines the timeframe in which a victim can commence a medical negligence claim, either:

• * 3 years from the time that the injury was discoverable (this is in cases where the damage wasn't immediately obvious)  
• * 12 years from the time of the negligence

A plaintiff cannot commence a case after the expiration of whichever comes first.

There are exceptions to the rule - disabled persons and minors who are not in the custody of a parent or guardian are given more flexible time limitations.

What You Can Claim for Medical Negligence

If you think you may be able to claim, you could be entitled to compensation that covers both economic and non-economic loss that was suffered due to the medical negligence of your practitioner.

Examples of what you could claim include:

• * Payment of medical expenses, including appointments, rehabilitation, and medication
• * Costs of in-home care or modifications
• * Loss of income
• * Psychological expenses
• * Legal fees

If you think you may be eligible for a medical negligence claim, you need to seek expert legal advice immediately.  Unfortunately, ignorance is not a valid excuse: you cannot expect a time extension because you didn't know about the 3-year limitation or failed to act quick enough!

It's also important to note that there's a difference between genuine medical negligence and an unpleasant experience. If you've been unhappy with the service you've received from your medical practitioner, you can make an official complaint. The way you'd go about this differs depending on which state or country you live in, but each should have a Health Care Commission that you can register complaints with.

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