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Surgical Error Compensation in Australia

iCrowdNewswire   Jan 14, 2021  5:51 AM ET

Once you visit a medical center, the practitioner or the surgeon should practice their duties with professional competence. Lack of capacity to provide health care service to a patient may result in devastating situations. Health care professionals in Australia should perform their tasks in a manner to prevent any potential harm to the patients and ensure their wellness. If a health care professional breaches their duty, medical negligence occurs and the aggrieved party can take action to claim medical negligence compensation.

You may receive compensation if it is proven that the injuries suffered could have been prevented if a treatment were applied in accepted standards or a different procedure could have been used in the same situation by a peer professional.

What is the duty of care?

Duty of care is a legal obligation for the health care providers to provide services that suits the standard of care. If the practitioner, doctor, nurse or surgeon fails to perform their tasks with ordinary care, therefore, causing injuries to the patient, the duty is breached and compensation can be claimed by the victim. Medical negligence compensation cannot be claimed if the surgeon warned about the inherent risks of the surgery.

Examples of surgical errors

Medical negligence may occur in many different ways. Some of these surgical errors may arise out of false diagnoses, poor communication, failure or delay to inform the patient of inherent risks of the surgery, and not following the established treatment methods.

How can I compensate for my injuries?

Depending on the extent of your injuries and health condition, compensation may be payable for your economic loss and non-economic loss. You may be entitled to receive compensation for medical expenses, loss of income, pain & suffering, decreased earning capacity, reasonable travel expenses, and domestic help.

In the event that your injuries are more than minor injuries, lump-sum payment may be available.

The process of claiming medical negligence compensation

To demonstrate that the practitioner or the surgeon was at fault, many relevant documents should be obtained to support your claim. Medical reports, documents demonstrating your injuries and impairment, expert doctor statements proving the negligence, and invoices of medical expenditures are among the many evidence that can make a significant impact on your claim. You can always seek legal help to make sure everything related to the case is obtained.

Do I need a lawyer to claim medical negligence compensation?

Surgical errors might end up with devastating results and threaten the financial safety of you and your family if the negligence caused impairment. The compensation you may receive can ease the financial difficulties you might suffer therefore, being under-compensated will be the last thing you would want to experience. Such serious claims can be lost and won with single evidence. A lawyer specialising in medical negligence compensation claims will point the way on what to do and help you gather every document that will be needed. Individuals representing themselves might not be aware of their rights, the time frames, and struggle to manage the conversations with the insurer. Your lawyer will be in charge of the process and will act with a great commitment to maximizing your compensation.

If you hesitate to work with a lawyer because of the impact of injuries on your financial situation, you can choose to hire a no win no fee lawyer. A no win no fee lawyer will only get paid if you can successfully receive your compensation. You can contact a medical negligence lawyer to arrange an obligation free case evaluation and ensure you understand your entitlements.


Tags:    IPS, Wire