Who Can Make a Medical Negligence Claim in Sydney?

You claim Medical Negligence in Sydney if your doctor, hospital or healthcare provider did not provide treatment with reasonable skill that resulted in a serious injury, loss or a worsening of a patient’s condition.

It is best to retain an expert Medical Negligence law firm in Sydney to represent you, even if you reside in another state, as the NSW Medical Negligence framework and the Civil Liability Act (NSW) will apply to your claim.

Children can also claim Medical Negligence in Sydney if they sustained a serious injury because of Medical Negligence.  Children, as minors, require an adult, often a parent, to retain a lawyer and to provide instructions regarding the management and progress of the child’s claim.

Common Types of Serious Negligence

Negligence can occur any time that you receive advice, care or treatment from a healthcare provider.  This includes nurses, GPs, specialists, public hospitals, private hospitals, pathology laboratories and medical imaging centres.  Some of the common types of serious Medical Negligence include delayed diagnosis of a medical condition, misdiagnosis of a medical condition, surgical or procedural errors, delayed or inadequate treatment, wrongful administration of medication, unwarranted medical treatment or procedures, misreporting of medical investigations and negligence resulting in death.

The term ‘delayed diagnosis’ encompasses many types of serious negligence.  Some common types of serious negligence arising from delayed diagnosis include delayed diagnosis of cancer, delayed diagnosis of conditions or diseases that could result in brain injury if not promptly treated, such as meningitis, misreporting of radiology, failing to deliver a distressed child during childbirth and failing to diagnose post-operative complications that could result in profound injury like limb amputation or significant irreversible organ damage or organ death.

Public hospital negligence is another common type of serious Medical Negligence.  This often occurs when a patient presents to the emergency department of the local public hospital.  Patients present to their local hospital with a variety of symptoms such as headaches, abdominal pain, unexplained lethargy or feeling generally unwell, confusion or disorientation, acute trauma or following referral by their specialist or GP.

Serious negligence occurs at public hospitals when patients are not admitted for investigation of the underlying cause of their presenting symptoms, are given medication to treat their symptoms, and are sent home when their symptoms settle.  Whilst sometimes such management is appropriate, at times it could result in catastrophic consequences and life-long injuries.  For example, misdiagnosing a child with the common cold and treating that child’s fever with medication and discharging the child home can result in catastrophic brain injury if the child’s fever and other symptoms were secondary to bacterial meningitis.  On the other hand, prompt investigation, diagnosis and treatment would avoid the progression of meningitis and brain injury.

Public hospital negligence is not limited to the emergency department and can occur during outpatient care and surgical treatment.  Many patients undergo surgical treatment at public hospitals.  Complications could develop after surgery, and timely diagnosis and treatment of post-operative complications are imperative for the patient’s prognosis and health outcomes.  For example, poor vascular supply or disproportionate pain following surgery should be promptly investigated to avoid serious and permanent injury such as loss of limb, permanent nerve damage or organ damage.  Sometimes, post-operative recovery is hindered by infection, and serious injury can result from a delay in diagnosis and treatment of post-operative infection.

Step-by-Step Claims Process

If you have sustained a serious injury and suspect that the injury was caused by Medical Negligence, you should speak to an Accredited Specialist in Personal Injury Law who specialises in Medical Negligence.   Speaking with a specialist Medical Negligence lawyer will help you better understand your legal rights and your entitlement to compensation.  A Medical Negligence claim often commences with an investigation into the medical care and treatment that caused the injury.  Your lawyer would obtain and review the relevant medical records to assess the nature of medical care that you received and ascertain any allegations of negligence.  Your lawyer would then determine if expert medical evidence is required, and if so, suitable medical experts.

Once expert medical reports are procured and assuming that the experts are supportive of the alleged negligence and that the alleged negligence caused your injury, formal legal proceedings are commenced in court.  Your lawyer would then turn their attention to quantifying the value of your claim and would arrange medical assessments to ascertain the nature, extent and severity of your injury and the impact of your injury on all aspects of your life, including your capacity to work and attend to activities of daily living and domestic tasks.

The doctor or hospital that you are suing will have the opportunity to investigate the claim against them and serve expert medical evidence in defence of the allegations of negligence.  Once both sides have obtained the necessary evidence, your claim will proceed to mediation.  Mediation is an informal opportunity to resolve your claim before proceeding to a hearing.  Most Medical Negligence claims settle at mediation.  If your matter does not resolve at mediation, it will proceed to a hearing where a judge will determine the issues of negligence and the value of your compensation claim.

The Evidence You’ll Need

 You do not need evidence when you reach out to a Medical Negligence law firm to seek legal advice.  It is sensible to research Medical Negligence law firms in Sydney and find an expert Medical Negligence lawyer to represent you.  Ideally, you will engage a lawyer who is an Accredited Specialist in personal injury law, specialising in Medical Negligence.

It is helpful, but not necessary, to prepare a brief timeline of events, setting out the key dates and a summary of the medical care and treatment that you suspect was negligent.  This will enable the lawyer to understand better the relevant background that resulted in your injury, and in turn, would allow the lawyer to provide you with better advice as to your legal rights and entitlements.  Knowing the key dates is essential, particularly if the negligent treatment was provided a long time ago.  The key dates help the lawyer advise you on the limitation period and recognise the need to investigate your claim promptly.

To have a Medical Negligence claim in Sydney, you require expert medical evidence in support of the allegations of negligence and to prove that the alleged negligence caused your serious injury.  This evidence is required and must be obtained before formal legal proceedings can be commenced.

Fortunately, you are not required to find suitable experts or obtain expert medical evidence yourself.  Your lawyer will find appropriate experts to provide expert medical evidence.  Your lawyer will ask the experts specific questions to address the relevant legal issues in your case and obtain the necessary expert reports required to establish negligence.

Choosing the Right Sydney Lawyer

 Litigation can be stressful, but having the right lawyer by your side can help alleviate that stress. It is essential to choose the right lawyer to represent you and guide you through each step of the litigation process.

Your lawyer is responsible for preparing your claim, and a well-prepared claim often leads to better outcomes. Select a lawyer who is an Accredited Specialist in Personal Injury Law, specialising in serious Medical Negligence claims with extensive experience and strong communication skills.

An experienced Medical Negligence specialist can provide you with clear advice at every stage of your claim and will be available to answer your questions. Look for a dedicated Medical Negligence lawyer in Sydney who will leave no stone unturned to help you achieve the best possible outcome.  Litigation can be stressful, but having the right lawyer by your side can help alleviate that stress and ensure the right outcome is achieved, helping you get back to what really matters.

Please find more Medical Negligence resources and articles here –

• Medical Negligence Lawyers Sydney
• Hospital Negligence
• Surgical Error Claims
• Blog – Am I Suffering Because of Medical Negligence?

Contact Garling and Co today!