Making a claim of medical negligence after a work injury

Published by Marshall & Gibson Lawyers on the 02 May 2017

When injuries happen in the workplace, everyone involved has an obligation to work together and help the affected employee recover safely. This means the employee themselves, the employer and any medical care providers all have to do their part. If that process breaks down, and the patient is affected negatively, there may well be a case of medical negligence there.

Have you been the victim of poor medical care that's made your condition worse? If so, talk to a lawyer. You might be entitled to compensation for all the pain and suffering you've been put through.

Many examples of medical negligence

If you're wondering whether your case is one of medical negligence, chances are, it is. According to LegalInjury.com, negligence has a very broad definition, and it can apply to all sorts of medical mishaps. For example:

  • A patient is not warned about side effects of a treatment.
  • An ailment is diagnosed incorrectly.
  • Treatment is delayed in such a way that makes an ailment worse.
  • Test results are reported incorrectly, leading to poor decisions.

The list goes on from there. Basically, whenever a mistake is made with your medical situation, there's a good chance you can build a legal case and earn compensation for it.

Cases can be tough to prove

Having said all of the above, there is one caveat - medical negligence can be difficult to prove. The Legal Services Commission of South Australia cautions that very few cases are simple or clear cut. You'll often need to collect a lot of information and work closely with a lawyer to establish your case.

Proving negligence means demonstrating several things: that the defendant was obligated to provide you care, that said care did not meet acceptable standards and that the failure to meet those standards directly caused damage to you. If you can't prove all of the above, you may need to go back to the drawing board and rebuild your case.

At Marshall and Gibson Lawyers, we can help.

A capable lawyer makes all the difference

If you're able to win a medical negligence case, you could be in for a big payday. All the necessary funding for past, present and future medical expenses should be covered, as well as any wages for time you've missed at work.

Before you can head to the bank, however, you will probably need a legal expert to help you navigate this complex, often highly contentious area. At Marshall and Gibson, we're here for you. Talk to us about getting a free case examination, and we'll take it from there.