Before starting their practice, doctors swore an oath that they would provide cure to their patients to the best of their abilities. They take this oath to their hearts on the idea that they would be sued for medical negligence if they made crucial mistakes that can lead to injury, disability and death of their patients.
In 1995, Australia was one of the developed countries with the highest medical negligence incidents as reported by the Quality in Australian Health Care Study. The government responded impressively, and the incidences of medical malpractice reduced considerably. But, up to this date, there are many cases when patients may need legal assistance to seek claims from doctor’s errors and incompetence.
Valid Reasons for Filing a Claim
Before you seek help from lawyers, you need to make sure you have an eligible case. You can file a claim if your doctor:
- Misdiagnosed your medical condition
- Administered an incorrect treatment or failed to promptly refer you to a specialist
- Failed to constantly or accurately monitor your situation while you’re in their care
- Was unable to carry out medical procedures carefully such as errors during surgery and childbirth
- Gave you incorrect test results or medication
- Provided insufficient care after the surgery or other treatments
Requirements for a Claim
Every state has its own set of laws about clinical malpractice. But in general, you will be qualified to get financial compensation from a mistake of your doctors if you can prove all of these:
- A doctor-patient relationship exists between you and the health professional. It means that you hired the doctor on your own will and the doctor agreed to provide you his or her service.
- Your doctor displayed negligence. To make sure your lawsuit will prosper, you should be able to prove that the doctor’s actions caused you harm in a manner that a capable doctor would not do under the same conditions. Another ground for negligence is when the treatment the doctor gave you did not meet Australian standards.
- The negligence of your doctor led you to an injury. You must prove at least to your attorney that the doctor’s incompetence and inexperience directly caused the injury. Lawyers usually ask a medical expert to testify that the physician’s carelessness caused the injury.
- Finally, you must show that the injury resulted in specific damages. You must prove that the injury brings you physical pain, mental and emotional anguish, added hospitalisation bills and loss of earning capacity.
How to Find the Right Attorney
Not all lawyers are qualified to assist you in your medical malpractice case. Hence, you need to make sure to hire a competent injury lawyer in Brisbane to win your case. Here are some traits that your lawyer should have:
- Knowledge in medicine – You need a solicitor that is well-versed in medical terms, documents and research. He or she should be able to understand and discuss the potential errors of the physicians and hospital staff along with their documented diagnosis and procedures.
- Access to Medical Witnesses – Your lawyer should know people with a background in medicine whom he or she can tap as a witness.
Filing claims from the mistakes from doctors can be complicated. Thus, you need a reputable personal injury claims lawyers in Brisbane to assist you in your pursuit of justice.