Lidia Monteverdi on 2GB Chris Smith Show discussing Medical Negligence 10 July 2021

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CS – Chris Smith/LM – Lidia Monteverdi /C1,2,3, etc – Callers

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Listen to the podcast

Read the transcript below:

LM     Good morning Chris, good to be here. 

CS       Yeah, you’ve had a stack of emails in from listeners, one here from Michael to start with this morning. Mike writes I had surgery on my knee which went well but I had a heart attack while I was in recovery. I don’t understand how the nurses and doctors didn’t realise I was having a heart attack. I now need to have an implantable defibrillator which will cost a lot of money. Do I have a claim in medical negligence? And I guess he’s also asking do I have a claim for the defibrillator.

LM     Yeah, absolutely, Michael gosh I’m sorry to hear what’s happened to you. In order to bring a medical negligence claim there’s four elements that you need to establish. You need to show that a duty of care existed and of course that’s very well established that doctors, hospitals and nurses owe a duty of care to their patients. You then need to show that the practitioner breached their duty of care to you or the hospital breached its duty of care to you which has caused you to suffer from some damage or harm.. Now expert medical evidence is required to prove that and if you can establish negligence then you can claim for a number of things, certainly like out of pocket expenses like the cost of your defibrillator.

CS       Tenika writes, I had some treatment in a private hospital recently that didn’t go to plan. I think my specialist and the nursing staff didn’t do the right thing, can I hold both of them liable?

LM     Tenika, in short the answer is yes, the long answer though is that is depends upon the employment relationship between the practitioner and the hospital. So, in private hospitals usually specialists are not employed by the hospital and that means that the hospital is not liable for their actions.

CS       So the hospital doesn’t indemnify the specialist?

LM     That’s right. If they’re not employed. Nursing staff however are usually employed by the hospital and so the hospital is vicariously liable for any failings or actions undertaken by its employees. Issues with respect to private hospitals and nursing staff can be quite complex so I really encourage you to get in touch with Turner Freeman and we can provide you with advice.

CS       So there could be two separate suits that could be, two separate actions?

LM     It would likely be the same action but it would mean that we would name the specialist as the defendant as well as the private hospital.

CS       Right, which makes it complex, so see a lawyer as soon as you possibly can. That’s terrific, good information. Lidia thank you very much for that, enjoy your weekend.

LM     Pleasure, Chris likewise. Thanks

Turner Freeman Lawyers is famous for getting people the compensation they deserve, search Turner Freeman Lawyers, call 13 43 63 or email your enquiry to 2GB@turnerfreeman.com.au