How disturbing was it for all of us to read the report in the Daily Telegraph concerning the payment of millions of dollars by NSW taxpayers for medical negligence claims.

All of us, and quite rightly, put our faith in our treating healthcare professionals to provide expert medical advice and treatment. That is almost always the case. However, things sometimes do go wrong.

And things go wrong for a reason. If that reason happens to be the negligence of the healthcare professional, then a medical negligence claim is available to compensate those who have suffered injury, loss or damage as a result of that negligence. The results of any medical negligence can be horrific. For example, a failure to properly diagnose or treat an injury or illness can result in a very significant deterioration of the patient's condition, or even worse.

The Daily Telegraph article identifies what it describes as the 10 worst hospitals in NSW. I do not propose to repeat the results of that enquiry here as it serves no useful purpose. However, it is important to know that if you, a family member or friend has suffered as a result of any medical or ancillary treatment then a claim may be available.

When prosecuting a medical negligence claim you need to prove:

  • That you were owed a duty of care.
  • That there was a breach of that duty of care.
  • That the breach of that duty caused the injury, loss or damage that you have suffered

In order to investigate such a claim expert medical evidence is recovered from a “peer professional” who is to be sued.  It is the opinion of a peer professional that identifies the standard of care and whether there has been a breach of it.  Brydens Lawyers has available an expert panel of medical specialists that can be readily called upon to provide “peer professional” opinion as to whether there has been any negligence on the part of a healthcare professional in the treatment of one of our clients.

What also needs to be proven is that the breach of duty of care caused the injury, loss or damage suffered by the patient. This is what is referred to as the legal issue of "causation". It can be a difficult concept to understand. What the law provides is that it even though there may be negligence on the part of a healthcare professional, you must still prove that the negligence caused the injury, loss or damage complained of.

Brydens Lawyers are the experts in the prosecution of medical negligence claims.  We leave no stone unturned in the pursuit of expert medical evidence to establish whether there has been a breach of duty of care and whether that breach has resulted in the injury, loss or damage to our client.

All of us should have complete faith in our healthcare professionals and the treatment which they provide.  They are absolutely committed to the provision of the best medical advice and treatment. But when that is not the case, the outcome can be dire.  If that is you, a family member or friend then a successful medical negligence claim can assist with the payment of additionally incurred medical expenses, the loss of income and any other care that you may require to try and alleviate some of the pain and suffering.

Medical negligence claims can be complex and difficult. They need not be. Brydens Lawyers are the experts in the prosecution of all medical negligence claims. If you are dissatisfied with the treatment that you have received from a healthcare professional, then contact Brydens Lawyers without delay. Strict time limits apply to the prosecution of any medical negligence claim. For a risk free assessment contact Brydens Lawyers on 1800 848 848 or at brydens.com.au.