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Medical Negligence & Malpractice Claims

EXPERTISE & EXPERIENCE | WA

If you have suffered loss as the result of negligent medical treatment, you may be entitled to claim compensation. Medical negligence and medical malpractice claims require an experienced personal injury lawyer, and preferably one with local experience and expertise.

We are very experienced with medical negligence claims of varying types. We would be happy to discuss your claim for free, and give you our initial case assessment.


What to Expect

Medical negligence claims are the hardest personal injury claim type to run. Not only are they hard fought by Medical Defence Organisations (MDO, these cases generally need expert medical opinion to determine:

  1. If there is a claim; and
  2. what losses are to be compensated.

Because expert opinion is generally needed to determine if you have a claim, you should also expect to have meet that cost before lawyers will progress your claim - even if they work on a No Win, No Fee basis.

We highly recommend obtaining the services of a specialist personal injury lawyer with experience in medical negligence cases.

Call us free on (08) 9466 2922 if you have a medical negligence or malpractice issue.


Types of Medical Negligence

Common types of medical negligence cases include:

  • Proper advice was not clearly given before your operation or procedure.
  • The doctor or medical provider misdiagnosed your injury or condition.
  • You medical procedure or operation was performed incorrectly.
  • A problem arose which should have been anticipated by the medical treatment provider.

Medical negligence and malpractice is a broad area of law that extends beyond just doctors to include hospitals and paramedical providers such as nurses, physiotherapists and chiropractors.

The types of medical malpractice and negligence generally fall into one of two categories, mistreatment and negligent advice. These two claim types involve different approaches with their own sets of risks and challenges.

Medical mistreatment
This when there has been a failure in the treatment. Perhaps gauze has been left in the body following surgery, improper medication was provided, a proper investigation was not taken, or there was a failure to disinfect equipment. The onus here is show that the medical provider ought to have done something differently.
Negligent Advice
Negligent Advice occurs where inadequate or improper medical advice was been given. Perhaps there was a failure to warn you of a real risk of surgery or you were improperly instructed about the consequences of an operation. The onus here is two-fold. Fist, to show that the advice was improper and, second, that you would have acted differently and achieved a different outcome.

Both types are ultimately a negligence claim, but they focus on different areas of evidence - what should have been done and what should have been said respectively.


How We Can Help You

We are specialist personal injury lawyers with more than enough experience to be capable of running your medical negligence claim properly. Please feel free to give us a call for a Free Case Review or to ask any questions you may have.