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Do You Have A Medical Negligence Claim? Get The Best Medical Advice

Brayden Cottrell

October 28, 2022

Law

If your doctor or another medical professional has been negligent in their care of you, then you must ask yourself: Do you have a medical negligence claim? It has resulted in an injury or illness, then you may have a medical negligence case.

If your doctor or other medical professional failed to perform the correct procedure or diagnosis, you may be able to seek compensation for the damages that resulted from this mistake.

However, there are certain factors that must be considered before filing a claim:

Was there an error made during treatment?

For example, if your surgeon failed to properly stitch up a wound during surgery, you could have grounds for filing a claim because his mistake led to infection and complications later on down the line. If there’s no evidence that an error was made then there’s no legal basis for filing a claim.

Has the patient suffered any harm as a result of their treatment?

This can include physical pain and suffering as well as emotional distress, loss of earnings due to being unable to work as usual after an accident caused by someone else’s negligence (i.e., car accidents), or even death itself if applicable (i.e., wrongful death lawsuits).

medical negligence claim

Get medical attention for yourself as soon as possible

Seek out emergency room treatment for a personal injury claim in Northern Rivers. It’s important for doctors to know about your injury so they can treat it properly—and also so they can determine whether your injuries were caused by something other than negligence (such as an accident).

Call an attorney who specialises in medical malpractice cases

Tell them about your experience with this doctor/hospital/etcetera. They will help guide you through the legal process and ensure that all of your rights are protected throughout this time period while they work towards recovering compensation on behalf of their clients.

Three basic elements to bring a successful medical negligence case:

  1. The doctor or other healthcare provider had a duty to provide care that was safe and competent.
  1. The doctor breached his/her duty by not providing safe, competent care.
  1. You were harmed because of this breach of duty for example, you have suffered an injury.

FINAL THOUGHTS

In order to prove negligence, you must know that you have a medical negligence claim? as a reasonable person would have acted under similar circumstances. This means that if your doctor prescribed you medication and there was another medication available that would have been more effective, then they were negligent if they did not tell you about it.

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