Medical malpractice is deemed to have occurred when treatment from a medical professional falls below an acceptable standard in their duty of care. Unfortunately, accidents can happen during surgery; illnesses can be misdiagnosed and warning signs can be missed during consultation. When you have suffered harm as a direct result of medical negligence, proceeding with a legal claim can provide financial and emotional relief from the trauma.
Understanding Medical Malpractice
As we know, medicine is a complicated, scientific practice and health service providers are not expected to be perfect, but they are expected to provide a reasonable standard of care for every patient. Sometimes treatment is unsuccessful and injuries occur, but this doesn’t mean there has been an incident of malpractice. Negligence means that medical advice, diagnosis, or treatment has been inadequate and has directly caused avoidable harm to the patient.
Why Sue for Malpractice?
We place a lot of faith in healthcare providers; when treatment doesn’t go according to plan, it can be emotionally traumatic and cause ongoing harm. The damage may be irreparable but with a successful malpractice claim, you can gain compensation for the negative impact the event has had on the patient’s life.
Financial compensation can be awarded to cover loss of income whilst recovering from the injury and any loss of future income due to a result of negligence. Additionally, a patient may be compensated for future treatment, rehabilitation and medical services. Aside from the financial implications, many patients simply want the mistake to be acknowledged to prevent the practitioner from causing potential harm to future patients or to gain an apology for harm caused.
What’s the Process?
When you suspect medical negligence has occurred, the first thing you need to do is seek a second opinion from a medical practitioner. Choose someone who is a specialist in the relevant field and has no connection to the original doctor, clinic or hospital. At this stage, you can find out if medical malpractice is likely to have occurred and rule out injuries caused by prior disease or trauma, genetic issues or your own actions.
Once you are ready to proceed with your claim, it’s time to contact an expert in medical law. This type of claim is time-consuming and involves intense investigation so you must be sure that your desired outcome will be worth the endeavour.
Why Choose Brisbane Injury Lawyers?
Medical malpractice cases are tough and require thorough, determined efforts by trained legal professionals to bring justice against medical practitioners and insurers. Our specialist teams are highly skilled investigators and strong negotiators; they will be committed to defending your claim and achieving justice. Proving ‘causation’ is the key in these types of claims and we will strive to prove, beyond doubt, the direct link between the negligent actions of the practitioner and the harm you have suffered.
To pursue a medical negligence claim in Brisbane call us on 07 3171 9315 or visit our contact page to book a consult online or talk to a live chat operator now.