Hospital Negligence Claims Guide.

4 August 2020

Injury and Rehabilitation, Medical Negligence

Medical professionals have a duty of care towards you and must ensure your safety and wellbeing. If they’ve failed to do this and you’ve suffered injury, illness, or worsening of a condition as a result, you could be a victim of hospital negligence and entitled to make a compensation claim.

Medical professionals walking through a hospital hallway.

Can I make a hospital negligence claim?

You can make a negligence or hospital malpractice claim if you’ve suffered physical or psychological injury, developed an illness, or if an existing condition has been made worse because of negligent or subpar treatment by a medical professional in a hospital.

A medical professional is anybody who’s involved in or responsible for providing healthcare treatment or advice, such as a midwife, doctor, radiographer, dentist, pharmacist, nurse, or any other allied healthcare professional.

If you’re not sure whether you’ve been a victim of hospital negligence, consider these questions:

Did my treatment at hospital result in an injury, illness, or other loss?
Was my treatment below the standard I’d expect from a medical professional?
Would my injury, illness, or loss have been avoided with better medical care?

If you answer yes to these questions, it’s possible that negligence has taken place and you could be able to make a compensation claim.

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What is hospital negligence?

Hospital negligence, sometimes called ‘medical negligence‘ or ‘medical malpractice‘ occurs when a medical professional’s behaviour falls below the standard of care expected and it causes a patient to suffer an injury, develop an illness, or makes their condition worse.

Common examples include:

Misdiagnosis that causes a condition to worsen
Negligent treatment by doctors or nurses
Administration of incorrect medication
Wrongful death
Delayed diagnosis
Substandard examinations that cause a condition to go unnoticed
Misreading or ignoring laboratory results

Hospital negligence claims can involve any area of medicine, including:

Emergency Medicine
Surgery
Cosmetic surgery
Gynecology
Pediatrics
Obstetrics

How much compensation could I get?

Hospital negligence claims payouts in Australia can fall anywhere between tens of thousands to millions of dollars. The final figure depends on the severity of your injuries and losses and will generally account for:

Income that you’ve lost through time off work
Expenses that have been caused by your injury (e.g. medical and travel)
Pain and suffering
The cost of any domestic assistance to help you at home
Estimated future losses, for example if you can no longer work

According to data obtained by the Northern Daily Leader**, the average compensation payout by the Hunter New England Health Service in NSW between October 2016 and October 2018 was more than $650,000. However, this figure is considered high and it’s likely that the average across NSW is lower.

**Ref: https://www.northerndailyleader.com.au/story/6249086/hunter-new-england-health-district-pays-out-69-million-for-medical-mistakes/

How long do I have to make a hospital malpractice claim?

It’s important that you act as soon as you know or think that hospital malpractice has taken place and that it’s caused you an injury, illness, or loss. Hospital negligence claims in Australia need to be brought within 3 years of the date of injury. Time limits for compensation claims involving children can vary.

Depending on your hospital negligence case, however, your time limit may be longer. It’s best to contact a medical negligence lawyer as soon as possible so that your situation can be assessed.

Can I submit a negligence claim on my own?

Yes, you can. However, the laws surrounding hospital malpractice and negligence in Australia are very complicated.

Even if you’ve clearly received negligent treatment, you can only make a claim if you’ve suffered harm, injury, or loss. And if you do fall into this category, you’ve got to prove that the hospital medical negligence is more than an acceptable mishap or mistake because Australian law recognises that medical providers aren’t expected to be perfect.

To get the maximum hospital negligence claim payout you’re entitled to, it’s recommended that you don’t attempt to make a claim on your own.

Speak to a hospital negligence lawyer

Everyone’s situation is different, as are all hospital negligence claims.

The first thing you should do if you think you’ve got a claim is speak to a hospital negligence lawyer. They’ll take the time to get to know you personally, learn about your case, and advise you on how to proceed. This means that you’ll find yourself in a much better position than if you go it alone. Law Partners have offices in Melbourne and Sydney, including Newcastle and Parramatta with specialist hospital negligence lawyers ready to help.

Shane Butcher

Principal

An accredited specialist in personal injury law and spokesman for the Australian Lawyers Alliance, with the best part of 20 years’ experience in assisting injured Australians to receive everything they’re entitled to.