Medical/Professional Negligence Claims
Medical and Professional Negligence Claims
What is Medical negligence?
Medical Negligence claims can arise when you have suffered an injury due to the treatment – or failure to treat – or failure to adequately explain risks of the treatment by health practitioners. ‘Health Practitioners’ can include Doctors, hospital staff and allied health practitioners, where the standard of care provided falls below the standard that would reasonably be expected of such practitioner. Examples of such claims are wide and varied and can include matters involving failure to diagnose or delay in diagnosis; failure to carry out procedures properly; failure to properly manage a condition; failure to provide proper care after a procedure and failure to adequately warn of risks.
What needs to be proven?
LawCall will investigate whether your injury is as a result of the negligence of another party. This can include an assessment as to whether the outcome is less favourable due to the negligent behaviour of the health practitioner. This area of law can be complex and our expert medical negligence lawyer has access the best medical experts and barristers to provide the best advice and obtain the best outcome. One of our free 60-minute, no-obligation initial consultations can often help give the guidance you need when it counts.
Examples of Medical Negligence cases
The case of being awake during an operation
Summary: Our client went in for surgery involving a general anaesthetic. Unfortunately, our client was not properly and anaesthetised and as a consequence whilst she was unable to move or speak, she was aware and felt the surgery. One of the most terrifying prospects that would face any patient! Our client suffered significant psychological trauma.
The Legal Strategy: We obtained a report from an expert anaesthetist, who indicated an error in the method and process of the responsible anaesthetist. We then obtained expert opinion as to the diagnosis of our client’s psychological injury.
The Outcome: The case settled on confidential terms for a significant amount.
The case of delayed shoulder surgery
Summary: Our client had a fall and fractured her shoulder joint. She attended hospital over many months but the hospital failed to operate until approximately 12 months later. In the meantime, our client developed a frozen shoulder.
The Legal Strategy: It was necessary to prove that the appropriate surgical treatment which was eventually undertaken ought to have been undertaken much earlier, in which case the subsequent complications of a frozen shoulder would not have occurred. We obtained expert evidence substantiating this.
The Outcome: The case was settled on confidential terms with our client obtaining compensation for pain and suffering, voluntary assistance provided by her family, loss of income and medical expenses.
The case of an incorrect operation
Summary: Our client attended hospital for elective surgery but the surgeon operated on the incorrect side. This necessitated reversal of the operation and further operations. Our client sustained both physical and psychological injuries.
The Legal Strategy: The focus of the case was what further injuries were caused by the initial operation to the incorrect side and subsequent complications as a result of this. Expert opinion was obtained from leading experts.
The Outcome: The case settled on confidential terms for a significant amount with the client obtaining compensation for pain and suffering, medical expenses and voluntary assistance provided by the family.
The case of a leg injury due to blood collection.
Summary: In this case, our client went in for hip surgery which required blood to be taken from her arm. The pathology collector failed to ensure that the bed rail was secure with a consequence that it later collapsed, significantly jarring our clients body resulting in a nerve injury to her leg.
The Legal Strategy: The real issue was to identify the cause of the collapse and whether the bed was defective. Our investigations revealed that it was a combination of a defective hospital bed and the actions of the collector to ensure the bed rail was secure that caused the injury.
The Outcome: The case was settled on confidential terms with our client obtaining compensation for pain and suffering, loss of income, medical expenses and voluntary assistance provided by family.
The case of a chemical burn
Summary: Our client attended hospital for a AC ligament reconstruction. Our client received chemical burns at the site of where the tourniquet had been applied and skin preparation solution had been used. The chemical burns resulted in scarring and ongoing sensitivity of the scar site.
The Legal Strategy: We had to establish why the burn occurred. Our investigations revealed that it was due to excessive skin preparation solution been applied, pooling at the tourniquet resulting in the burn. Opinions were sought from a specialist surgeon.
The Outcome: The case was settled on confidential terms with the client obtaining modest compensation.