How to Demand Compensation for a Medical Negligence      

Australia witnesses close to 140,000 medical negligence cases due to diagnostic error annually. Patients, who have sustained damages to their health due to the negligence of a healthcare provider, medical practitioner, or doctor, can file for medical negligence in Australia. 

Licensed health care organizations in Australia must have indemnity insurance coverage to compensate people for extra medical costs they incurred because of the medical care providers’ mistakes. Some medical mistakes can cause severe physical and psychological harm to the patient. 

Expert lawyers like can help claim the highest compensation you are eligible for. Your lawyer will study and assess the circumstances of your case and guide you on the best ways to claim compensation for medical negligence.

Time Limit to Claim for Compensation

The typical time limit to claim for compensation for medical negligence in Australia is three years. However, the period may vary based on the intensity of the injury or damage. 

An expert lawyer can educate you on the exceptions and conditions relating to the time limit. For instance, special rules may apply if the person filing for compensation is a minor or is physically or mentally disabled. Your lawyer may also help you file for extensions and other concessions.

Establishing Negligence

To file for medical negligence compensation, you will first have to establish the medical negligence of the medical facility, doctor, or other medical practitioners. Evidence in the form of medical reports, scan reports, medical bills, and written submissions can help strengthen your case. 

You may also collect evidence in the form of photographs, videos, or even witness statements. Even minor mistakes like delayed diagnosis or simple evaluation errors can cause severe harm. 

Experienced compensation lawyers can help you collect evidence, formulate strategies, and draft submissions to establish medical negligence. The lawyer will first try to establish that a “duty of care” was breached.

Filing for Compensation

The patient should lodge a complaint in writing with the HCCC. While making the complaint with the commission, the patient should detail why they are filing for medical negligence. 

The compensation filing process is complex and should be handled by an experienced lawyer. You may also lodge the complaint online by downloading the complaint form.  

As per Australia’s laws, you can sue the doctor or medical practitioner under tort laws or contract laws. A professional lawyer can help you identify the correct provisions under which you may file the complaint.

Medical negligence cases are complicated and take time to resolve. It could take up to 12 months for the court or commission to study your case and release compensation. 

Before this, your lawyer will have to spend considerable time collecting evidence and establishing the medical practitioner’s negligence. You may also need expert medical opinions to prove negligence.

Mediation or Hearing

Most medical negligence cases in Australia are settled by way of mediation. However, if parties fail to reach an amicable settlement through mediation, they usually have to submit themselves for court-ordered hearings. Your lawyer can argue your case for you.

Final Thought

Experienced compensation lawyers can help clients with all aspects of a medical negligence case. You may need legal representation and litigation services if the case is not resolved via mediation.