Medical Negligence

If you have suffered injury as a result of some medical treatment then you may be entitled to compensation. You must prove that your injuries were caused by the fault of someone else such as your doctor or treatment provider.

These claims can be very difficult to pursue and you must normally obtain a medical report which details how your treatment provider was negligent. If you can prove negligence then you will be entitled to the following compensation:

  1. Past and future medical expenses
  2. Past and future wage loss
  3. Past and future domestic assistance (if you have received unpaid help then you must overcome the threshold of receiving the assistance for at least 6 hours a week for a continuous period of at least 6 months)
  4. Non-economic loss (pain and suffering) provided that your injuries are at least 15% of a most extreme case i.e. at least 15% when compared to a paraplegic

A 3 year time limitation also applies to this type of claim. As such you must commence court action within 3 years of the date of the negligent action.

If you are not happy with the treatment you have received you may wish to make a complaint through the Health Care Complaints Commission. Further details about this can be found on their website HCCC