Building a compensation case of medical negligence when treatment goes awry

Published by Marshall & Gibson Lawyers on the 16 May 2017

When you suffer an injury at your job, you often need to turn to a medical professional to get fast treatment and return to work as soon as possible. What if the treatment doesn't take, though? What if your doctor or nurse makes a mistake, and your condition only becomes worse?

This might be a situation where you can build a legal case. Have you been the victim of medical negligence? If so, you could be entitled to damages. Working with a capable compensation lawyer can help you get to the bottom of this situation.

How medical negligence works

Did you attempt to get medical treatment only to find your problem got worse? You might be entitled to compensation, but according to the office of the Health Complaints Commissioner, your case might not be easy to prove.

You have to establish two different elements of your case - one, that the standard of care you received fell significantly short of what's reasonably expected from a medical professional, and two, that the failure to provide care was a direct cause of your suffering harm or loss. Just one of these two elements is insufficient to make your case; you must have both.

Facing the challenge of proving causation

In almost all cases of medical negligence, the hardest part of winning a dispute is proving causation. You can show the care you received was subpar, and that you dealt with pain and suffering, but where's the evidence that one thing definitely caused the other?

There have been numerous cases where a patient went through a tremendous hardship, such as needing a limb to be amputated, but the medical professionals involved escaped blame. They've been able to do this by arguing, say, that the amputation would have been needed regardless because of a preexisting condition. Showing the specific sequence of events that causes a medical hardship to happen will require very clear documentation - not to mention a capable compensation lawyer.

Let us evaluate your medical negligence compensation case for free

If you've been injured because of bad medical advice or negligent treatment you received, you may well be able to file a compensation claim and collect some money for your pain and suffering.

There are plenty of medical mistakes that might cause a ruling in your favor. A misdiagnosis, surgical mistake or simply a failure to keep you well informed might be enough. If you'd like to learn more, please feel free to contact Marshall and Gibson Compensation Lawyers Sydney on 1800 675 417 or send us an email for a free case evaluation. For more information about making a medical negligence compensation claim in Sydney see our medical negligence claims service page.