*The contents in this blog relates to legislation in South Australia.

Medical negligence can occur in a wide variety of settings, including birth trauma resulting in a brain injury to the baby or injury to the mother, obstetrics, gynaecology, general surgery, emergency medicine, general practice, cardiology, cancer treatment, psychiatric care and cosmetic care.

When can an action in medical negligence arise?

Examples of situations which give rise to medical negligence claims include:

  1. Incompetent medical treatment, including during surgery.
  2. Incompetent post-operative care after surgery.
  3. Failure to provide appropriate referral and treatment for a condition.
  4. Delay in the diagnosis of a condition.
  5. Failure to report correctly on test results.
  6. Failure to warn and advise on risks associated with treatment.
  7. Incompetent prescription and monitoring of medication.
  8. Lack of informed consent to medical treatment.

Sometimes, injured people pursuing medical negligence claims have pre-existing injuries. The damage caused by medical negligence, pre-existing conditions and unrelated factors must be carefully distinguished.

What compensation can I seek in a medical negligence claim?

In medical negligence claims, compensation is made up of many types of damages, including:

  • Pain and suffering;
  • Past and Future medical expenses;
  • Past and future loss of income;
  • Travel to and from medical appointments;
  • Past out of pocket expenses, including medical expenses;
  • Future out of pocket expenses and equipment;
  • Voluntary care provided by your family;
  • Paid care and assistance.

If you think you might have a medical negligence claim, you should contact us to discuss your options. It is important to seek advice as soon as possible because there are strict time limits that apply in South Australia.