Melbourne Medical Negligence Lawyers

A clinical incident is any event that could have or did result in unintended harm to a patient that was avoidable. If as a patient you have suffered an injury as a result of a clinical incident or medical error, you may be eligible for compensation. To be entitled to a compensation payout, you will need to prove that the incident was the result of negligence.

If you would like confidential and free legal advice on whether you can claim compensation, contact our Melbourne Medical Negligence Lawyers via our free helpline or complete the contact form.

Legal Helpline: ☎ 1800 529 835

Professional Standards of Care

Every medical procedure has risks, and will not always result in the most desirable outcome. Best medical outcome may be impacted by complexity of patient’s pre-existing health conditions and inherent risks with medical treatment such as surgery and medications.

However, when then there has been a departure from professional standards of care and harm or injury is a result, there is the potential for a patient to claim compensation.

Healthcare professionals who can be held liable for negligence include: General Practitioners; Medical Specialists; Nurses; Paramedics; Physiotherapists; Optometrists; Chiropractors.

What are some adverse events in hospitals that could potentially be actionable at law?

  • Triage and emergency department errors, delays and misdiagnosis of conditions (eg stroke, heart attack, ectopic pregnancy, acute appendicitis)
  • inadequate preoperative assessment
  • negligent management of airway or ventilation
  • procedures involving the wrong patient or body part
  • instruments left inside patient during surgery
  • death from a medication error
  • nerve damage during surgery
  • inadequate monitoring
  • lack of follow-up and treatment of complications
  • equipment failures
  • blood transfusion reaction resulting from ABO incompatibility
  • failure to recognise and respond to clinical deterioration

Complications that arise from medical negligence can result in longer stays in hospital, permanent injury or even death.

Can hospitals be sued?

Yes, both private and public hospitals can be sued for negligence. Our Melbourne Medical Negligence Lawyers have successfully sued many hospitals in the following areas of medicine:

  • Cardio-thoracic surgery
  • Ear, nose and throat surgery
  • General surgery
  • Obstetrics
  • Gynaecology
  • Neurosurgery
  • Oncology
  • Ophthalmology
  • Orthopaedic surgery
  • Plastic surgery
  • Urology
  • Vascular surgery

It’s important that hospitals have an organisational culture that places a high priority on patient safety, embraces reporting, proactively seeks to identify risks and supports improvement. When things do go wrong there needs to be open discussion with the patient, and/or their family/support person.

Examples of hospitals in Melbourne

  • Alfred Hospital; Angliss; Austin Health; Box Hill; Broadmeadows; Bundoora; Calvary; Caritas; Casey; Caulfield; Craigieburn; Cranbourne; Dandenong; Frankston Health; Maroondah; Melbourne; Monash Health; Northern Health; Peter MacCallum Cancer Centre; Queen Elizabeth Centre; Royal Melbourne Hospital; St Vincent’s; Royal Children’s Hospital; Royal Women’s Hospital; Werribee; Williamstown; Yarra.
  • Rural Areas: Ballarat; Albury Wodonga; Benalla; Bendigo; Beechworth; Gippsland; Goulburn Valley; Latrobe; Mildura; Melton.

Health Care Complaints Commissioner (HCCC)

Anyone with concerns about a health service that is being provided in Victoria can make a complaint to the HCCC. The HCCC will recommend that you first try to resolve the issue directly with your healthcare provider. If you are unhappy with their response, you can contact the HCCC and formally lodge a complaint. They will decide whether to investigate the matter or refer it to another more appropriate authority eg AHPRA.

Although no lawyer is needed for you to lodge a complaint with the HCCC, as the HCCC is supposed to be an impartial complaints service there to help resolve disputes, we highly recommend that you speak with an experienced medical negligence solicitor to ensure that your rights and entitlements are fully protected and asserted at law.

No Win No Fee

Our Melbourne medical negligence lawyers provide legal advice and No Win No Fee arrangements for legal representation. Please contact our service should you require information on making a claim or time limits involved in commencing legal action. Strict time limits apply and failure to lodge a claim in time may result in you missing out on compensation. Our service is obligation-free.

 

 

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