Medical negligence is among the most serious accidents that can affect a person’s health and well-being. While the purpose of medical treatment is to heal, negligent behaviour can create serious ongoing issues that compromise your quality of life and require you to consult with a compensation lawyer.
Medical negligence is also an area that individuals might not be familiar with after the suffer an accident. To help, here are answers to three questions many people ask about medical negligence.
1) What is medical negligence?
Every doctor and medical professional has duty of care to their patients. Any breaches of this duty can require compensation for the affected party which is why medical practitioners are required to hold insurance that can account for any accidents that occur as a result of their work.
In order to reach the standard for medical negligence, individuals need to prove that the healthcare provider didn’t provide a reasonable level of care resulting in a new injury, or an existing injury becoming worse. Medical negligence can also apply in the case of a serious misdiagnosis of a condition.
2) What are my options for seeking compensation?
If you feel you may have suffered medical negligence, you have the option to seek compensation. This compensation can cover a number of different areas, including:
- Ongoing pain and suffering that reaches the standard for negligence.
- Compensation for lost income while recovering from an accident.
- Payment in place of future earnings.
- Further medical expenses to correct an injury.
- Transportation costs to and from further treatment.
3) Do any time limits apply when seeking compensation?
In NSW, there are a number of different time limits that apply when seeking compensation. For adults and children, a claim has to be made within three years of the time they were made aware of the injury, and within 12 years of the incident occurring. There are also unique requirements that apply in specific cases, such as people living with a disability.