Medical Negligence Compensation

When a medical practitioner or health professional causes harm because they are careless – failing to meet their duty of care – their actions may be medically negligent.

Proving medical negligence is complex and challenging, and expertise in medical compensation law is essential. Wyatts have the skills, knowledge, and dedication to pursue a successful medical negligence claim. Please contact us today to talk with one of our highly qualified team.

Claims can be made against medical practitioners, nurses and midwives, and allied health professionals.

Legally qualified medical practitioners include general practitioners, general surgeons, medical specialists, psychiatrists, and dentists. They are responsible for the assessment, diagnosis and treatment of illness and injury. They are required to appropriately refer patients for specialist treatment and to assess patients to determine if they are capable of working. Due to negligence and malpractice, medical practitioners can breach their duty of care across all aspects of their role.

Nurses, midwives, and allied health professions can also make errors that result in injury, illness, and disability. This situation can also give rise to a negligence action.

Allied health professionals include, but are not limited to, physiotherapists, osteopaths, chiropractors, podiatrists, occupational therapists, social workers, psychologists, Aboriginal and Torres Strait Islander health practitioners, pharmacists, optometrists, medical radiation practitioners, and Chinese medicine practitioners.

If you are uncertain as to whether you have been the victim of medical negligence or malpractice, please
contact us for a thorough and attentive consultation.

Provided the actions of the medical practitioner or health professional were negligent, medical negligence compensation can be awarded for:

• Misdiagnosis or delayed diagnosis of an injury or illness
• Failure to treat an injury, illness, or disability
• Failure to warn a patient about the effects of an injury or illness
• Failure to provide a referral to a specialist
• Inappropriate dosage or use of medication, or incorrect use of anaesthetic
• Surgical errors
• Negligent post-operative care
• Faulty technology, products, or equipment, including non-sterile surgical tools
• Errors involving pregnancy and childbirth
• Errors in paediatric care (i.e. infants and children)
• Failure to correctly warn of risks associated with treatment (e.g., drug interactions and side effects)
• Failure to obtain informed consent (e.g., patient received treatment without their agreement or without receiving full information)

If any of these unfortunate events occurred to you or your loved one, Wyatts offers a compassionate and attentive service to assist you in obtaining the compensation you deserve. If you are uncertain as to whether you are eligible to claim compensation for medical negligence, please contact us for a thorough consultation.

In most circumstances, you have three years from the date at which you became aware of the negligence in which to commence your medical negligence claim. There are instances in which a claim can be made outside this 3-year period. Given the complexity of medical negligence cases, we advise that you act as soon as you become aware of the harm caused.

If you believe that you have been the victim of medical negligence, please contact us for a thorough consultation. We provide personalised, attentive, and compassionate service to help you achieve the compensation you deserve.