Medical Negligence

Reasonable care and skill

Hospitals, doctors, nurses, and other healthcare professionals in Australia have a legal duty to treat their patients with ‘reasonable care and skill’. When medical treatment fails to meet this standard and a patient is harmed as a result, this is known as medical negligence or medical malpractice. If you or a loved one has suffered an injury due to substandard medical care in NSW or anywhere in Australia, you may be entitled to make a medical negligence claim.

Navigating this complex area of law requires specialised skill and experience. Since 1977, PK Simpson has been guiding injured patients through the process of pursuing medical negligence claims and fighting for the compensation they deserve. We understand the devastating impact medical errors can have on your life—emotionally, physically, and financially.

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    Medical Negligence

    What is Medical Negligence?

    Medical negligence is more than a simple error in judgment; it is a failure to uphold the professional standard of care expected within the Australian healthcare system under the Civil Liability Act 2002 (NSW), leading to patient harm. To successfully prove negligence, a claimant must establish four key elements:

    • A Duty of Care Existed: A healthcare professional automatically owes a duty of care to their patients.
    • The Duty of Care Was Breached: The treatment or advice provided fell below the standard of care that a reasonably competent professional in that field would have provided in the same circumstances.
    • Causation: The injury or harm suffered by the patient was a direct result of this breach of duty.
    • Damage: The patient suffered actual harm, which can be physical, psychological, or financial.

    Proving all four elements requires detailed evidence and expert analysis. Our experienced compensation lawyers can assess your situation and determine if these elements are present in your case.

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    Common Examples of Medical Negligence

    Medical negligence can occur in many forms across all areas of healthcare. Some common situations that may lead to a claim for medical negligence include:

    • Surgical Errors: Mistakes made during an operation, such as operating on the wrong body part, damaging nerves or organs, or leaving surgical equipment inside a patient.
    • Misdiagnosis or Delayed Diagnosis: Failing to correctly identify a condition like cancer or meningitis in a timely manner, leading to a worse outcome.
    • Birth Injuries: Negligent management of pregnancy or childbirth causing injury to the mother or child, such as cerebral palsy.
    • Medication Errors: Prescribing the wrong medication or an incorrect dosage.
    • Failure to Warn: Not adequately informing a patient of the significant risks associated with a procedure or treatment before they provide consent.
    • Hospital Negligence: Systemic failures within a hospital, such as poor hygiene leading to infection, inadequate post-operative care, or mistakes made at specific facilities like Westmead Hospital.

    How to Make a Medical Negligence Claim

    The process of making a medical negligence claim can be complex and lengthy. Each case requires careful documentation, expert medical assessment, and strategic negotiation or litigation. Our solicitors guide you through every stage of the process:

    • Initial Consultation: Contact us to discuss your situation. We will listen to your story and provide an initial assessment of your case.
    • Gathering Evidence: Your solicitor will collect all necessary evidence, including your complete medical history, hospital records, and radiological scans.
    • Specialist Medical Assessments: We arrange for independent medical specialists to review your case and provide an expert opinion on whether the standard of care was breached. These reports are crucial for proving your claim.
    • Serving the Claim: Once evidence is gathered, we will formally notify the healthcare provider or institution of your claim.
    • Resolution: Most claims are settled out of court through negotiation with the provider’s insurers. If a fair settlement cannot be reached, we have the expertise to represent you in court proceedings.
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    Time Limits For Claiming Medical Negligence

    Strict time limits apply to all personal injury claims. In NSW, you generally have three years from the date the negligence occurred or from the date you first became aware of the harm to begin your claim. This 3-year window is crucial—missing this deadline could bar your claim entirely.

    It is vital to contact a lawyer as soon as possible to protect your legal rights and ensure your claim is lodged within the required timeframe.

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    Medical Negligence Compensation

    The goal of medical negligence compensation is to restore you, as much as possible, to the financial and health position you were in before the negligent act occurred. The amount of compensation awarded is not based on how badly the doctor acted, but on the severity of the harm you have suffered.

    A medical negligence compensation claim can cover:

    • Economic Loss: This includes past and future lost income, lost superannuation, and any costs for medical treatment, rehabilitation, or ongoing care.
    • Non-Economic Loss: This is compensation for your pain and suffering, emotional distress, and loss of enjoyment of life.

    Gratuitous Care: Compensation for family and friends who have provided you with care and assistance due to your injury.

    While there is no fixed amount, payouts vary widely. A minor case may settle for under $100,000, while severe cases involving lifelong disability can result in compensation amounts exceeding $1,000,000.

    Our No Win, No Fee Medical Negligence Lawyers

    At PK Simpson, we believe everyone should have access to justice regardless of financial circumstances. We handle all medical negligence and malpractice claims on a No Win, No Fee basis. This means you will not have to pay any upfront legal costs. We cover the expenses of gathering evidence and running your case, and our legal fees are only payable if your claim is successful.

    The healthcare industry is defended by powerful insurers and legal teams. You deserve the best medical negligence lawyers on your side who are not afraid to fight for the maximum compensation you’re entitled to.

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    Medical Malpractice

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    What is Medical Malpractice?

    While medical negligence may include a variety of instances of misconduct, malpractice occurs when medical or health professionals fall short of their obligations in the extreme, harming or injuring patients.

    When a medical professional fails to provide an accepted standard of care, causing harm, this kind of medical negligence may be referred to as medical malpractice.

    Medical Malpractice Cases Australia

    Our client Michael is a dentist who attended a clinic in North Sydney for laser eye surgery to remove a cataract. While cataracts generally develop as we age, Michael’s was the result of a sporting injury, and he was assured he was a good candidate for laser surgery. A few weeks after his procedure, Michael began to see double and could not perform his duties as a dentist.

    Despite the clinic’s insurer disputing the cause of Michael’s double vision problems and refusing to admit liability, our expert PK Simpson lawyers negotiated an excellent settlement on the courthouse steps. This case demonstrates the importance of having experienced representation when facing well-resourced insurers.

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    Suing a Hospital, Doctor or Health Care Worker For Medical Negligence & Medical Malpractice

    The healthcare industry is made up of powerful professionals who have expert lawyers to defend them should medical negligence or medical malpractice claims arise. Hospitals and healthcare professionals often close ranks and fight to protect their own.

    If you have been injured by a doctor, nurse, dentist, psychiatrist, or other medical professionals in NSW, you need lawyers with the expertise to challenge leading medico-legal professionals and major insurers. Our team has the experience and determination to pursue your claim effectively.

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    You Need the Best Medical Negligence & Medical Malpractice Lawyers on Your Side

    PK Simpson lawyers are renowned for their expertise in the field of medical negligence law and medical malpractice, and we fight just as hard to get you the fullest compensation you deserve.

    Our expert medical negligence lawyers assist clients to receive compensation for a broad range of conditions, treatments and areas of practice.

    Some common examples of situations involving medical negligence include:

    • Hospital negligence
    • Incorrectly performed surgery or procedure
    • Nursing home negligence
    • General Practitioner and doctor negligence
    • Errors in prescribing medication (wrong does, wrong drugs)
    • Dental malpractice or negligence
    • Failure to diagnose, or misdiagnosis
    • Delay or failure to inform a patient of test results or similar vital information
    • Failure to inform the patient about risks or side effects
    • Negligence, mistakes or malpractice in obstetrics
    • Plastic surgery or cosmetic procedure malpractice
    • Abuse of the elderly

    FAQs about Medical Negligence Lawyers & Medical Malpractice

    The duration of a claim can vary significantly, from several months to a few years. The timeline depends on the complexity of the case, the extent of the injuries, whether the other party admits liability, and whether the matter proceeds to court or settles during negotiations.

    To claim medical negligence, consult a solicitor specialising in medical malpractice. They will help gather evidence, assess your case’s merit, and guide you through the legal process. A free initial consultation can help you understand your options.

    In NSW, the time to claim for medical negligence is three years from the date of the incident or when the harm was discovered. This 3-year window is important—missing the deadline could prevent you from pursuing your claim.

    Start a medical negligence claim by contacting a solicitor experienced in medical malpractice. They will evaluate your case, gather evidence, and initiate legal proceedings if necessary. Most firms, including PK Simpson, offer free initial consultations to discuss your situation.

    The time limit to claim medical negligence in NSW is three years from the incident date or date of discovery. It’s crucial to consult a legal expert promptly to protect your rights.

    The compensation amount depends entirely on the specific impact the injury has had on your life. It is calculated based on factors like medical costs, loss of income, the need for future care, and the severity of your pain and suffering. Each case is unique and settlement amounts vary widely.

    Yes. The same laws and duty of care apply to both public hospitals and private healthcare providers, including private hospitals, specialists, and cosmetic clinics.

    In Australia, the terms “medical negligence” and “medical malpractice” are often used interchangeably. Both refer to a situation where a healthcare professional’s failure to provide a reasonable standard of care causes harm to a patient.

    While you can technically represent yourself, it is strongly advised against. Medical negligence is a highly specialised and complex area of law. Having an expert medical negligence solicitor gives you the best possible chance of a successful outcome.

    Contact PK Simpson – Your Medical Negligence Lawyers in NSW

    If you have been injured due to medical malpractice or medical negligence in NSW, contact PK Simpson on 1300 757 467 to discuss your case. We offer a free consultation and operate on a No Win, No Fee basis, so you can pursue your claim without financial risk.

    We have successfully handled over 25,000 cases and have the expertise and dedication to get you the compensation you deserve. Our team is ready to fight for your rights against powerful insurers and healthcare defendants.

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    You’re in Safe Hands with Us

    7 out of 10 clients are referred by our current clients—a testament to the quality of our service and commitment to achieving the best outcomes for our clients.

    You’re in safe hands with us

    7 out of 10 clients are referred by our current clients.

    “I’m so happy to have found the team at PK Simpson. They helped me when I was going through one of the toughest times of my life. When my claim settled I ended up with a compensation payout which allowed me to keep my family home. Would recommend 100%”

    Sammy Dickson
    a month ago

    “I have received the cheque and paperwork. Thank you very much! I really appreciate what you have achieved.”

    Fred, Erskineville NSW
    a month ago

    “Thank you so much. I definitely will stay in touch. You always manage to help so thank you very much from both my father and I. We really appreciate your help and the whole team.”

    Rasha, Heckenberg
    a month ago

    “The very friendly team at PK Simpson has helped me complete three TPD claims. They have helped in all aspects from professional courtesy to contacting me in regards to appointments. I strongly recommend that you go with PK if you’re in need of any help.”

    Semi, Blacktown NSW
    a month ago

    “I am very, very thankful to PK Simpson for helping me get my TPD claim approved. This has changed my life. All my debts are paid off. I still have funds to secure my future.A very special thanks to my TPD solicitor and secretary for all the help and follow up you did.”

    Ahmed, West Hoxton NSW
    a month ago

    “I have received your letter with attached cheque. I wanted to thank you for finalising my matter so quickly. It is very much appreciated. All the best to my TPD team.”

    Kurt, Adelaide SA
    a month ago

    “Thank you so much I have gone through a lot. This will help me in a lot of ways physically and mentally. I’ve sent some flowers to show my appreciation.”

    Troy, Sydney
    a month ago

    Get in touch and find out what compensation you are owed.

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      Understanding Medical Negligence Claims with PK Simpson | PK Simpson