Medical Negligence2024-04-15T17:53:56+10:00

Reasonable care and skill

Hospitals, doctors, nurses, and other health care professionals in Australia have a legal obligation to treat their patients with ‘reasonable care and skill’. When medical health care treatment fails to reach a reasonable standard, and a patient is harmed, this is called medical negligence or medical malpractice.
Medical malpractice lawyers and those working in the field of medical negligence need a high level of specialised skill and knowledge to practise in this complex area of law.

Our team of medical negligence lawyers and medical malpractice experts at our nearby firm, PK Simpson injury compensation lawyers, have the skills and knowledge, and experience needed for successful claims.

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    Medical Negligence

    What is Medical Negligence?

    Negligence is a specific legal concept relating to the reasonable care that should be provided by a professional, in this case, a health care provider.

    As mentioned, a medical negligence lawyer needs to be experienced and highly knowledgeable about this area of law due to its complexity.

    Medical negligence can be more than a medical professional simply making an error of judgment or a mistake in diagnosis, surgery, or treatment, causing an injury or exacerbating an existing condition.

    Negligent treatment can include:

    • A delay in either referring a patient for treatment for a condition or a failure to treat the patient for the condition.
    • Errors in surgical procedures that have damaged a patient’s major organs
    • Complications that may arise after treatment or surgery
    • Failure to accurately diagnose a patient’s condition or illness or diagnose it in a timely manner

    What is a Medical Negligence Claim?

    A medical negligence claim is a claim for compensation arising out of an injury to a patient suffered as a result of negligent treatment provided by a health care practitioner, in most circumstances, by a doctor.
    While negligence can include misconduct in a broad range of circumstances, the law reserves malpractice for professionals who fall grossly short of their obligations.
    If you have suffered harm or injury, or a hospital or health care professional has failed in their duty of care, you may have grounds to bring a claim for medical negligence or malpractice compensation.

    Medical Negligence Cases Australia

    PK Simpson lawyers acted for a woman (name withheld for privacy reasons) who sought mental health care from a Sydney psychiatrist who proceeded to sexualise her therapy.
    She claimed her psychiatrist told her she would fall in love with him and that he continually talked about sex, asking her about the frequency of her sexual activity and her orgasms. On one occasion, he moved to her chair and caressed her breasts, saying it would calm her. Then he suggested they meet in a cafe for coffee.
    By this time, the woman was deeply in transference and had no power to refuse. It wasn’t until the psychiatrist took her to a hotel room and had sex with her, and she told her husband about it afterwards, that her civil claim commenced.
    The psychiatrist’s insurers denied liability but settled out of court. The woman also referred the matter to the NSW Health Care Complaints Commission, and the psychiatrist was struck off the medical register.

    Medical Negligence Compensation

    Medical negligence compensation amounts awarded to a claimant reflect the loss, harm or injury the person suffered, rather than the degree of negligence by the doctor, hospital or healthcare provider.

    There is no predetermined amount of compensation a person may recover from a medical malpractice/negligence case. The severity of the patient’s injury or harm will determine the amount of compensation.

    Medical malpractice or negligence compensation is designed to restore the injured party to the health, and financial position they were in had the negligence not occurred.

    A medical negligence compensation claim is usually granted for:

    • Loss of earnings, both past and future
    • Pain and suffering
    • Loss of enjoyment of life
    • Modifications needed for home and vehicle
    • Necessary rehabilitation and specialist medical care

    Medical Negligence Lawyer

    Our medical negligence lawyers at PK Simpson have a proven track record of fighting and winning medical negligence cases. Our supportive, confident and capable team members show compassion and understanding. They help you to understand your rights and make sure you get the compensation owed to you.

    Our PK Simpson medical malpractice and medical negligence lawyers handle all our claims on a “no win, no fee” basis (subject to our terms). Our policy means you can lodge a medical negligence claim or claim for medical malpractice without stressing about upfront costs to build your case. We take care of gathering evidence and running investigations for you.

    Medical Malpractice

    What is Medical Malpractice?

    While medical negligence may include a variety of instances of misconduct, malpractice occurs when medical or health professionals fall short of their obligations in the extreme, harming or injuring patients.

    When a medical professional fails to provide an accepted standard of care, causing harm, this kind of medical negligence may be referred to as medical malpractice.

    Medical Malpractice Cases Australia

    Our client Michael is a dentist who attended a clinic in North Sydney for laser eye surgery to remove a cataract. While cataracts generally develop as we age, the dentist’s was the result of a sporting injury, and he was assured he was a good candidate for laser. A few weeks after his procedure, Michael began to see double and could not perform his duties as a dentist.

    Despite the clinic’s insurer disputing the cause of Michaels’ double vision problems and refusing to admit liability, our expert PK Simpson lawyers negotiated an excellent settlement on the courthouse steps.

    Suing a Hospital, Doctor or Health Care Worker For Medical Negligence & Medical Malpractice

    The healthcare industry is made up of powerful professionals who have expert lawyers to defend them should medical negligence or medical malpractice claim arise and threaten their finances and careers. Hospitals and healthcare professionals will close ranks and fight tooth and nail to protect their own.

    So, if you have been injured by a doctor, nurse, dentist, psychiatrist or another medical professional, you need lawyers like ours at PK Simpson who know the ropes and can go up against the most powerful medico-legal professionals.

    You Need the Best Medical Negligence & Medical Malpractice Lawyers on Your Side

    PK Simpson lawyers are renowned for their expertise in the field of medical negligence compensation and medical malpractice, and we fight just as hard to get you the fullest compensation you deserve.

    Our expert medical negligence lawyers assist clients to receive compensation for a broad range of conditions, treatments and areas of practice.

    Some common examples of situations involving medical negligence include:

    • Hospital negligence
    • Incorrectly performed surgery or procedure
    • Nursing home negligence
    • General Practitioner and doctor negligence
    • Errors in prescribing medication (wrong does, wrong drugs)
    • Dental malpractice or negligence
    • Failure to diagnose, or misdiagnosis
    • Delay or failure to inform a patient of test results or similar vital information
    • Failure to inform the patient about risks or side effects
    • Negligence, mistakes or malpractice in obstetrics
    • Plastic surgery or cosmetic procedure malpractice
    • Abuse of the elderly

    Frequently asked questions about Medical Negligence Lawyers & Medical Malpractice

    What is considered medical negligence in Australia?2022-05-13T11:17:12+10:00

    Medical negligence or medical malpractice occurs when a doctor or other medical professional’s behaviour fails to meet the appropriate standard of care, and the patient suffers harm, injury or loss.

    What is the average payout for medical negligence?2022-05-13T11:17:18+10:00

    The average medical negligence payout for one Australian health region was more than $650,000 in 2018.

    What is the time limit for suing for medical negligence?2022-05-13T11:17:25+10:00

    Claims must be brought within three years of the date of harm or injury. Talk to your lawyer.

    How common is medical malpractice?2022-05-13T11:17:31+10:00

    In 2020, e.g., it was estimated 140,000 cases of diagnostic error occur in Australia a year.

    How do I prove medical negligence or malpractice?2022-05-13T11:17:37+10:00

    You must show that the treatment you received fell well below the standard of care that is reasonably expected from a medical professional.

    Contact PK

    If you are the victim of medical malpractice or medical negligence contact PK Simpson lawyers nearby without delay on 1300 757 467. If you’re searching for “the best medical negligence lawyers near me”, why not talk to our helpline?

    We have 25,000+ successful cases on our books, and counting. Every day we work hard and help hundreds of people who’ve been injured in accidents, been the victims of medical negligence or medical malpractice, and many other issues involving compensation.

    You’re in safe hands with us

    7 out of 10 clients are referred by our current clients.

    “I’m so happy to have found the team at PK Simpson. They helped me when I was going through one of the toughest times of my life. When my claim settled I ended up with a compensation payout which allowed me to keep my family home. Would recommend 100%”

    Sammy Dickson
    a month ago

    “I have received the cheque and paperwork. Thank you very much! I really appreciate what you have achieved.”

    Fred, Erskineville NSW
    a month ago

    “Thank you so much. I definitely will stay in touch. You always manage to help so thank you very much from both my father and I. We really appreciate your help and the whole team.”

    Rasha, Heckenberg
    a month ago

    “The very friendly team at PK Simpson has helped me complete three TPD claims. They have helped in all aspects from professional courtesy to contacting me in regards to appointments. I strongly recommend that you go with PK if you’re in need of any help.”

    Semi, Blacktown NSW
    a month ago

    “I am very, very thankful to PK Simpson for helping me get my TPD claim approved. This has changed my life. All my debts are paid off. I still have funds to secure my future.A very special thanks to my TPD solicitor and secretary for all the help and follow up you did.”

    Ahmed, West Hoxton NSW
    a month ago

    “I have received your letter with attached cheque. I wanted to thank you for finalising my matter so quickly. It is very much appreciated. All the best to my TPD team.”

    Kurt, Adelaide SA
    a month ago

    “Thank you so much I have gone through a lot. This will help me in a lot of ways physically and mentally. I’ve sent some flowers to show my appreciation.”

    Troy, Sydney
    a month ago

    Get in touch and find out what compensation you are owed.

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