Medical Negligence Lawyers Adelaide.
Medical negligence is a serious issue that can have catastrophic consequences for patients and their families. When healthcare professionals fail to meet the expected standard of care, patients may suffer significant harm or even lose their lives. In Australia, the law recognises that healthcare providers have a duty of care towards their patients, and failure to fulfil this duty can result in legal liability.
Medical negligence claims can arise from a wide range of situations, including misdiagnosis, surgical errors, medication errors, and failure to obtain informed consent. In order to prove medical negligence, the plaintiff must demonstrate that the healthcare provider breached their duty of care and that this breach caused the plaintiff’s injuries.
Mahony’s lawyers specialise in Medical Negligence claims from each of its 4 offices in;
How are the claims pursued?
In Australia, medical negligence claims are typically pursued through the civil court system, and the damages awarded can include compensation for medical expenses, loss of income, and pain and suffering. However, pursuing a medical negligence claim can be complex and time-consuming, and it is important to seek legal advice from a qualified and experienced medical negligence lawyer.
Recent Australian Medical Negligence Cases.
There have been several high-profile medical negligence cases in Australia in recent years. In 2018, a South Australian woman was awarded $3.7 million in damages after suffering a brain injury due to a delayed diagnosis of meningitis. In 2019, a Victorian woman was awarded $12 million in damages after suffering a catastrophic stroke as a result of a missed diagnosis of a blood clot.
These cases serve as a reminder of the importance of holding healthcare providers accountable for their actions and ensuring that patients receive the standard of care they deserve. If you or a loved one have been the victim of medical negligence, it is important to seek legal advice as soon as possible to protect your rights and pursue justice.
How is compensation calculated?
The calculation of compensation for medical negligence depends on various factors, such as the nature and extent of the injuries suffered, the impact of the injuries on the victim’s life, and the financial losses incurred as a result of the medical negligence.
The compensation awarded in a medical negligence claim typically includes both economic and non-economic losses. Economic losses may include medical expenses, loss of income, and other financial losses resulting from the medical negligence. Non-economic losses may include pain and suffering, loss of enjoyment of life, and psychological trauma.
The amount of compensation awarded in a medical negligence claim can vary widely depending on the individual circumstances of the case. In some cases, the compensation awarded may be relatively small, while in other cases it may be substantial. For example, a victim who has suffered a severe and permanent disability as a result of medical negligence may be awarded significant compensation to cover ongoing medical expenses, lost income, and other financial losses, as well as non-economic losses such as pain and suffering.
In Australia, the calculation of compensation for medical negligence is typically based on the individual circumstances of the case and the principles established in case law. It is important to seek the advice of an experienced medical negligence lawyer who can provide guidance on the potential value of a claim and help ensure that the victim receives fair compensation for their injuries.
Useful Links.
Australian Health Practitioner Regulation Agency (AHPRA) – AHPRA is the national organisation responsible for regulating health practitioners in Australia. Their website provides information on how to make a complaint about a health practitioner and how to check if a practitioner is registered.
- Australian Medical Association (AMA) – The AMA is the peak professional organisation representing doctors in Australia. Their website provides information on medical ethics, patient rights, and medical negligence.
- Medical Indemnity Protection Society (MIPS) – MIPS is a medical defence organisation that provides professional indemnity insurance and legal representation to healthcare providers in Australia. Their website provides information on medical negligence claims from the perspective of healthcare providers.
It is important to note that these links are provided for informational purposes only and should not be construed as legal advice. If you believe you have a medical negligence claim, it is recommended that you seek the advice of a qualified and experienced medical negligence lawyer.