Medical negligence

 

If you have suffered an injury as a result of negligent treatment by a health professional or hospital you may be entitled to claim compensation.

 
 
 

To be entitled to compensation you need to prove the following:

  1. The treatment you received fell below the standard reasonably expected of health professionals of that specialty (“treatment”);

  2. The treatment caused you to suffer an injury, or aggravated an existing injury or condition (“causation”); and

  3. The injury you have suffered has led to an impairment that is “significant” at law (“significant injury”).

 

If you establish these elements you will be entitled to recover compensation.

You have 3 years to bring a claim for medical negligence.  In some circumstances an extension can be obtained to bring a claim but legal advice should be sought as soon as possible after you suspect that you have received negligent treatment.

Medical negligence claims require a detailed investigation before they can proceed to mediation or be presented to a Court. At Rubicon compensation lawyers we will conduct that investigation for you and prior to any proceedings being issued provide advice as to your prospects of success.

Negligent treatment 

This step requires us to review your medical records and in most cases, seek an opinion from an expert to comment on whether the treatment you received fell below the reasonable standard of care required of health professionals in your circumstances.

 

Causation 

This step usually requires an expert to comment on whether your injury was caused by the criticised treatment. This is often the most complex part of a medical negligence claim as it requires us to prove what different position you would have been in had you received proper treatment.

Significant Injury 

In order to claim compensation for pain and suffering, you must first establish that you have a “significant injury”. This is a legally defined threshold.

A “significant injury is:

  •  A greater than 5% physical impairment; or

  • A 5% impairment to your spine; or

  • A greater than 10% psychiatric impairment.

Impairment ratings are determined by specialist doctors pursuant to Medical Guides to assess the extent to which your injuries create an impairment that impacts on your day to day life. We arrange those examination on your behalf.

If you do not suffer from a significant injury, you cannot bring a claim for pain and suffering damages, but you can bring a claim for your financial losses if you have established negligence and causation.  These claims can still be significant and it is important that you keep track of all out of pocket expenses and also details of time off work and the care that you may have been provided by others due to your injury.

If we can obtain supportive evidence, we will then advise you about either attempting to negotiate informally with the medical practitioner’s insurer and/or potential litigation.

We recognise that this type of claim can be stressful, complicated and outside the scope of your usual experience.  You will be provided with thoughtful and realistic advice about the likelihood of success and the potential value of your claim and be kept informed of each step of the process.