Medical Negligence Claims

Battling an illness or injury can be a distressing experience, and trying to understand your rights may seem complex and overwhelming. In the event that you have encountered substandard care or misconduct from a healthcare professional, or if you have sustained harm while under the supervision of a healthcare facility, you may be eligible to make a medical negligence claim for compensation.

Medical professionals owe you a ‘duty of care’ to act in accordance with widely accepted competent professional practice and take all reasonable steps to avoid harm that is reasonably foreseeable when treating, advising and diagnosing you under their care.

If you are injured or become ill due to a breach of this duty, medical professionals and providers can be held liable through a claim in medical negligence.

Some examples of medical negligence include;

Birth trauma, if you or your child suffered complications during birth that have resulted in long term damage or trauma; Delayed diagnosis, if an illness or medical condition was not treated in a timely manner, for example through failing to recognise complications or due to a lack of a specialist referral;

Misdiagnosis, when a doctor or healthcare provider fails to provide a correct diagnosis, resulting in further harm or incorrect treatment; 

Failure to exercise due care and skill in performing surgery or other procedures, resulting in injury or complications, or failure to adequately warn of risks before treatment.

Medical negligence is an intricate area of law that often requires further investigation, from both lawyers and doctors alike. Brand Barristers & Solicitors can connect you with expert medical professionals to provide quality advice and evidence to support your claim for injury. In the majority of common law cases, the firm will cover the costs of appointments through disbursements, through to settlement.

If you are successful in your claim for negligence, you may be awarded compensation for some of the damages listed below (among others), depending on the seriousness of your injury and other personal circumstances. These include, but are not limited to, compensation for pain and suffering, past and future loss of earnings, past and future loss of superannuation, medical, therapy and pharmaceutical costs, equipment expenses, home modification expenses, the cost of any care and assistance required (even if provided by family or friends) and travel expenses.

We recommend you contact us as soon as possible. Your first meeting is obligation-free to assist you in determining if you have an eligible claim and appropriate next steps.

Contact Brand Barristers & Solicitors today to make an enquiry.