How do I know if I’ve been a victim of medical negligence? 

Posted by Daniella Wilson on December 29th, 2020

How do I know if I’ve been a victim of medical negligence? 

Every year, thousands of Australians go under the knife for required and elective surgeries. They hope for excellent results, and most are not disappointed. However, there are cases when things just don’t go as predicted and patients are left with life-changing injuries, financial burdens and emotional trauma.  Are these people entitled to any compensation?

What is Medical Negligence?

Medical negligence occurs when a doctor, nurse or medical professional fails to provide the ‘acceptable standard’ of care, resulting in injury or death of a patient. The term covers common oversights and mistakes such as misdiagnosis, incorrect medication dosages, incorrect treatment and surgical errors. Mistakes made during childbirth and anesthesia administration are also classic examples of medical negligence: the effects can be devastating and have life-long consequences.

Is Medical Negligence the same as Medical Malpractice?

The terms ‘medical negligence’ and ‘medical malpractice’ are often used interchangeably, however, strictly speaking, they shouldn’t be:

Medical Malpractice: When a doctor or medical professional provides substandard care or fails to act, knowing that their decision carries a potential risk for the patient

Medical Negligence: unintentional oversight or error that results in injury or causes an existing condition to worsen  

While the two terms may seem to have a similar meaning, it is important to understand that malpractice involves a certain amount of ‘intent’ whereas negligence is totally unintentional.  

How Do I Know if I’m a Medical Negligence Victim?

• You may have reason to think you are a medical negligence victim if:
• Your treatment isn’t working - this may be a result of misdiagnosis
• You were not fully informed of the risks associated with your surgery/treatment 
• You have suffered due to a surgical mistake
• You have received an injury due to unsafe conditions in the medical institution (an example of this is slipping on a wet floor because there were no warning signs erected)

If the treatment (or lack of treatment) you have received from your healthcare professional has resulted in injury or caused an existing condition to get worse, you may be able to pursue a medical negligence claim. A compensation lawyer experienced in medical negligence can help you with this.

How Should I go about Making a Medical Negligence Claim?

Making a medical negligence claim is no job for a novice: it’s important that you enlist the help of a qualified professional to ensure the best possible results. Find a team near you that specialises in medical negligence and can help you every step of the way.