Medical Negligence: How do I know if I am eligible to make a claim?
If you have received treatment from a healthcare professional which has resulted in you suffering further injury or disability, then you may have a claim for damages available.
Healthcare professionals would include a doctor, nurse, physiotherapist, chiropractor, dentist, midwife, optometrist, podiatrist or a psychologist.
The mere fact that there has been a less than satisfactory outcome from the treatment provided is not in itself sufficient to establish an entitlement to a claim. What needs to be proven, ultimately to the satisfaction of the court, is that the healthcare professional was negligent in relation to the treatment provided and that as a result of that negligence, the patient suffered injury, loss or damage. It should be noted however that the healthcare professional will not be held liable if they acted in a manner and the treatment provided was widely accepted in Australia by peer professional opinion as being competent professional practice.
If the healthcare professional can establish that the treatment provided did accord with peer professional opinion as competent professional practice then, even if there is an adverse or unsatisfactory outcome from the treatment provided, the healthcare professional will not be held liable for same.
Brydens Lawyers are experts in the prosecution of all medical negligence claims. For expert legal advice and representation contact Brydens Lawyers without delay on 1800 848 848 or at brydens.com.au. Strict time limits apply to the prosecution of any medical negligence claim so do not delay. At Brydens Lawyers -#WE DO medical negligence claims.