To help you better understand what medical negligence is and what constitutes it, we have compiled more information for you below.
A medical negligence claim is a claim for compensation made by a person who has sustained an injury caused by negligence of a medical professional, a doctor, or hospital.
It falls under one of two categories below:
- A claim that the medical care or treatment that the complainant received was below accepted standards; or
- A claim that the doctor or medical professional failed to disclose or warn the complainant about the risks involved in the treatment that had been the cause of injury.
Some of the examples of actions that are deemed below standard that could be the basis of medical negligence claims are the following:
- The doctor or medical professional did not use proper care and skill when conducting a surgery
- The doctor or medical professional misdiagnosed or failed to diagnose a disease or condition in a timely manner
- The doctor or medical professional provided the wrong dose or type of drug
- The doctor or medical professional did not provide suitable or sufficient post-operative care
- The doctor or medical professional reported test results erroneously.
How can negligence be proven? What constitutes it?
Because negligence is a defined legal concept, it must be proven that:
- The doctor or medical professional owed you a duty of care
- The doctor or medical professional failed to provide care, or have breached their duty to care
- The negligence of the doctor or medical professional is directly responsible for your injury or harm
- The damage or injury that you have sustained
If you believe that you have sustained any injury caused by a doctor or medical professional’s negligence as described above, consult with a medical negligence lawyer right away.
We can help. Call BPC Lawyer today on 02 8355 4002.