When a Medical Mistake Becomes Medical Negligence

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Most of us place enormous trust in our healthcare providers. Doctors, nurses, surgeons and hospitals play a critical role in our wellbeing, and thankfully most medical treatment is delivered safely and effectively. However, mistakes do happen, and sometimes those mistakes can have life-changing consequences.

Not every poor medical outcome is considered medical negligence. Medicine is not an exact science, and even with appropriate treatment, complications can arise. Medical negligence occurs when a healthcare professional fails to provide treatment that meets the standard reasonably expected of a competent practitioner, and that failure causes injury or harm.

Examples of medical negligence may include a delayed diagnosis, misdiagnosis, surgical errors, medication mistakes, failure to obtain informed consent, or inadequate follow-up care.

For a successful medical negligence claim, it is generally necessary to establish three key elements. First, that the healthcare provider owed a duty of care. Second, that they breached that duty by failing to provide an acceptable standard of treatment. Third, that the breach directly caused injury, loss or damage.

Medical negligence matters are often complex and require expert medical evidence to determine whether the treatment provided fell below the expected standard.

If you believe you have suffered harm due to medical treatment, it is important to seek legal advice as early as possible. There are strict time limits that may apply, and obtaining relevant medical records can take time.

Understanding your rights does not mean you are committed to commencing legal action. Sometimes the first step is simply obtaining advice about what occurred and whether there may be grounds for a claim.

If you have concerns about medical treatment you have received, speaking with an experienced lawyer can help you understand your options and make informed decisions about the next steps. Contact Michael Niven if you think you have a medical negligence claim.

“Liability limited by a Scheme approved under the Professional Standards Legislation. This article does not constitute legal advice and provides general information only.”