Medical Negligence

Servicing the communities of Horsham, Hamilton, Stawell and Portland for Medical Negligence Claims.

Claims in Medical Negligence arise when the duty of care owed to a patient by a medical professional is not met. This is generally when the treatment provided falls below an acceptable standard.

It is important to point out that not every adverse patient outcome is due to a breach of the duty of care owed.

Significant investigation is required to determine whether a breach of the duty of care has occurred and to determine a link between the breach of the duty of care and the injury sustained.

If the link is established compensation can include damages for pain and suffering, financial loss including income lost, travel and restorative treatment for the injury.

There are injury thresholds that must be met before pain and suffering damages can be claimed. The Wrongs Act imposes a requirement that the injury must be a “significant injury”.

Physical injuries require a 5% or greater whole person impairment when assessed under the AMA Guide to Permanent Impairment (4th Edition).

Psychological injuries require a 10% or greater whole person impairment.

Claims cannot be commenced until the injury has stabilised, which is generally 12 to 18 months after the injury is sustained. However proceedings must be issued within 3 years of sustaining the injury.

We can provide you with advice regarding your injury and undertake the investigations necessary to determine whether a claim is viable. You should contact us as soon as possible after the injury is sustained to discuss your potential entitlement.

Case Study:

Ruth severed two tendons in her left hand when she lost her balance in the garden of her home. She grabbed hold of a tin fence to stop her fall, sustaining a laceration across the palm of her left hand.

She attended the local hospital’s Emergency Department where she was told that the tendons were intact. The wound was stitched, and she was sent home. She was seen again at the hospital to have the stitches removed. Her complaint that she could not move two fingers on her left hand were ignored. She was referred to the physiotherapy department of the hospital.

Despite her best efforts, she could not gain movement in two fingers of her left hand. Eventually scans were undertaken that showed that the tendons had been severed. She was advised that repair of the tendons was no longer an option.

Ruth sued the hospital for damages for pain and suffering. The injury to her left index and ring fingers meant she could no longer knit and crochet or perform other craft hobbies that were very important to her. She received significant damages.