Medical Negligence Claims

Medical negligence claims arise when a health professional causes an injury to a patient as a result of a failure to exercise reasonable care or skill. If a health professional has acted negligently but there is no injury or loss as a result, then there will be no claim.

If medical negligence results in death then the spouse, children and parents of the deceased may be entitled to claim compensation.

Medical malpractice can extend to a number of different scenarios including inappropriate advice or treatment, the failure to obtain informed consent from a patient or warn of a possible outcome, or the failure to properly diagnose a medical condition.

Medical negligence claims can be complex, as many medical treatments and surgical procedures involve risks. Before a treatment or procedure is administered it is the responsibility of your health professional to explain the risks, side effects and the chances of a good outcome and to take reasonable measures to ensure that you understand the explanation. If this is done, and you consent to the treatment or procedure, then you may not be able to bring a claim if the risk or side effect eventuates or if there is a poor outcome. This scenario differs from the situation where the advice or explanation you are given is incorrect or inadequate, the injury suffered by you was therefore unexpected, or the procedure or treatment was administered without reasonable care or skill.

In South Australia the standard of reasonable care and skill is determined with reference to what is widely accepted in Australia by members of the same profession as competent professional practice.

A medical negligence claim often requires careful investigation and expert medical opinion.

At Paul Alvaro Lawyers we are experienced in this area of the law and we will liaise with the responsible health provider and/or the insurer on your behalf and gather the necessary evidence and expert opinion with a view to finalising the claim as soon as possible.

Please go to the Your Questions Answered tab for further information regarding medical negligence claims.