Medical Negligence Claims

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Our Comprehensive Approach To Medical Negligence Will Get A Result That Exceeds Your Expectations.

We all place a lot of faith in healthcare providers when we’re sick or injured, or when a friend or family member has to go under the knife.

So when medical treatment doesn’t go according to plan it can be traumatic, if not overwhelming. While medical negligence may not play a part in a poor outcome, if an error has been made and an accepted standard of care breached you could be entitled to claim compensation.

As one of the most challenging areas of compensation law, medical negligence claims require expert knowledge and the backing of a team that offers experience and a lot of determination.

Henry Carus Personal Injury Lawyer in Victoria At Henry Carus + Associates our focus in these cases is on trying to prove that a health provider – be it a doctor, specialist or hospital – has not done the right thing in respect of their medical treatment of a client. Of course we can’t fix the medical error, but what we can do is seek a successful compensation outcome for the person whose life has been affected.

In many ways a medical negligence claim follows the same process as a public liability claim. But with one major difference. It all comes down to understanding the medical evidence and getting the right expert medical evidence to support the claim.
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What Makes A Medical Negligence Claim?

Medical treatment is supposed to improve a patient’s health, but in some cases the opposite happens. Although not every negative medical outcome is a result of medical negligence, some are.

Medical professionals – doctors, nurses, psychiatrists, dentists, surgeons, pharmacists and others, as well as the hospitals, clinics and practices that employ them – owe their patients a duty to provide care that meets the standards of the profession.
When a medical provider makes an error in treatment that falls short of the accepted standard of care and a patient suffers harm because of it, this may amount to medical negligence.

Healthcare providers are not expected to be perfect, and all medical procedures carry a certain degree of risk. Medical negligence goes beyond that. Medical negligence occurs when a provider does something – or fails to do something – that is outside the range of acceptable practices and results in serious patient harm.

Due to the complexity of these matters, it is crucial that you work with a law firm that has experience with medical negligence claims and access to medical experts who can review your records for indications of substandard care and resulting harm.

Even though all instances of complications or mistakes do not rise to the level of medical negligence, it is never wrong to question an unexpected outcome from a procedure. The experienced legal team at Henry Carus + Associates in Melbourne is prepared to review the facts of your case and provide you with advice about your potential legal options for recovering compensation.

Examples of Medical Negligence?

Negligent medical errors take many forms. Some of the most common types include:

  • Misdiagnosis and failure to diagnose medical conditions, particularly cancer, heart attacks, strokes, and infections
  • Surgical errors, including leaving surgical tools inside the body, operating on the wrong body part or the wrong patient, and severing nerves or blood vessels during an operation
  • Inadequate post-operative care
  • Failure to properly administer anesthesia or monitor a patient while under an anesthetic
  • Mistakes involving the medications, including providing the wrong dose or the wrong medicine to a patient
  • Birth injuries such as cerebral palsy or brachial plexus injuries that could have been avoided with proper care during labor and delivery
  • Emergency room errors
  • Failure to order proper tests, miscommunication of test results, and other lab errors
  • Mistakes made by general practitioners, including failure to refer a patient to a specialist
  • Failure to obtain informed consent for a medical procedure

Benefits Available To Medical Negligence Victims In Victoria

Victims of medical negligence in Victoria may be entitled to recover compensation for a range of losses, such as:

Compensation and Benefits You Deserve
  • Payment of medical bills and other expenses related to the treatment of the injury caused by the medical negligence, both past and future
  • Replacement of lost wages due to the injury, both past and future
  • Payment for assistive devices like wheelchairs and prosthetics, and modifications to the home and vehicle made necessary by the injury caused by medical negligence
  • Payment of the cost to hire in-home assistance such as nurses, gardeners, and cooks
  • Compensation for reduced life expectancy
  • Compensation for pain, suffering, and emotional distress

In most cases, compensation for losses due to medical negligence will be paid by the responsible party’s Professional Indemnity Insurance (PII).

Why Choose Henry Carus + Associates?

At Henry Carus + Associates, we are all about detail. And under the leadership of our highly experienced lawyer, Wendy Kleyn, our medical negligence claims usually involve the following:

  • Collating of all relevant medical histories and records.
  • Documenting of all relevant events over time.
  • Focusing on the perceived errors that the claim is based on.
  • Locating appropriate experts to comment on the medical evidence.
  • Countering any defence arguments to the contrary.
At Henry Carus + Associates, we won’t stop until we’ve won. The results of our dedication and hard work are easy to see in the outcomes of our clients’ cases. More than 98% of our clients have found success on their claims – with some recovering as much as five times the compensation that was initially offered.
Our firm handles medical negligence claims on a No Win, No Fee basis. That means you owe us nothing for our legal services unless we recover compensation on your behalf. Our consultations are completely free and totally confidential.
Success Stories

Adam contacted our office seeking advice on behalf of his father Chris who was 66 years old at the time. Chris had participated in a clinical trial for a chemotherapy drug as an option for treatment of his cancer, after it was recommended to him by his doctor. Unfortunately this drug had devastating consequences for Chris, leaving him a quadriplegic and significantly reducing his life expectancy to approximately 1…

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