Medical Negligence and Malpractice

Medical Negligence and Malpractice according Maurice Blackburn, are the leading Medical Negligence lawyers in Australia occur when the treatment provided by a health service provider (such as a hospital, doctor, dentist, pharmacist, etc.) falls below an acceptable standard. Medicine is a complicated practice and health service providers are not expected to be perfect.

Medical treatment is sometimes unsuccessful and injuries can sometimes result but that does not necessarily mean that there has been any negligence. Negligent treatment is that which goes beyond being a simple reasonable mistake or error. Negligent treatment may involve the following:

1. failing to or delay in diagnosing a condition
2. failing to or delay in providing the appropriate treatment or referral for the condition
3. failing to perform surgery with reasonable care and skill
4. failing to report correctly on test results, or
5. failing to provide post-operative care with reasonable care and skill.

Medical negligence and malpractice claims varie, the law relating to medical negligence varies between States and Territories within Australia but broadly the law in Australia allows a person to claim compensation if they have suffered physical, psychological or financial harm as a result of negligent medical treatment. This is known as a medical negligence claim.

Broadly speaking, two requirements must be shown in order to bring such a claim:

1. That there was negligent medical treatment, and
2. That this treatment caused an injury or some harm that would not have otherwise occurred.

This means that even where a person receives negligent treatment, they cannot bring a compensation claim if they have not suffered a harm or injury as a result of that treatment. Furthermore, the law sets a threshold determining how severe or significant an injury must be, before a person is entitled to claim damages for the pain and suffering sustained as a result of this injury.