Lidia Monteverdi on 2GB Chris Smith Show discussing Medical Negligence 3 July 2021
Lidia Monteverdi providing Q & A on the 2GB Chris Smith Show discussing Medical Negligence 3 July 2021
CS – Chris Smith/LM – Lidia Monteverdi /C1,2,3, etc – Callers
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Read the transcript below:
LM Morning, Chris, how are you?
CS I’m well, now Vic has sent us an email. Vic writes, I suffered complications during surgery which meant that I ended up in ICU. I have since been diagnosed with post-traumatic stress disorder because I thought I was going to die. Can I bring a medical negligence claim even if I don’t have a physical injury? Interesting one.
LM Yeah absolutely and Vic I’m sorry to hear about what happened to you, so you can bring a claim in medical negligence even if you don’t have a physical injury, this is known as a consequential or a pure mental harm claim. Now in order to bring this claim you have to show that your complications, that meant that you ended up in ICU were caused by a surgical error or some other breach of duty of care which was preventable. If you can establish that then the next step is to establish that you have suffered a recognised psychiatric injury and that’s the definition under the legislation. You do that by being assessed by a psychiatrist which we or your solicitor would arrange for you and if the psychiatrist’s opinion is supportive then you would have a claim.
CS So that psychiatrist would therefore try and determine whether there’s a link between the botched surgery and the post-traumatic stress disorder?
LM Yes, that’s exactly right because there needs to be a causation or a causative link between the events and the psychiatric condition now.
CS Okay, let’s go onto to Rena’s email. Rena, one of our listeners said I had a knee replacement recently, I’ve since found out that the prosthesis my surgeon used has been pulled from the market, I am having a lot of pain in my knee, I have read about class actions and product liability claims, is this something I can pursue?
LM Rena. thanks for the question, the answer is possibly, so you’d be aware that there are a number of prosthesis and implants available on the market. Now, in terms of class actions, this is a representative proceeding brought on behalf of a group pf people and those people would have received all of the same prosthesis and the claim is usually that the prosthesis is defective or it doesn’t do what it’s supposed to do. Now in terms of product liability claims, this is a claim that you would bring on your own behalf against the manufacturer of the product basically alleging that the product was defective or it shouldn’t have been used or it wasn’t fit for purpose.
CS To do something like that would be a significant case wouldn’t it.
LM That’s why class actions are often run because a significant amount of work goes into proving a product liability claim for an individual, so if you can do it on behalf of a number of people then it’s beneficial for everybody.
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