Medical negligence is a manner of malpractice that happens when a doctor or other healthcare professional fails to perform their medical duties in a competent and professional manner. What constitutes medical negligence and the exact legal steps one must take to file a claim will vary depending on the locale of the incident. The main requirements for a medical malpractice claim are to prove that a doctor-patient relationship existed, the doctor was then negligent, the doctor’s negligence caused injury, which later led to damage or harm.
A selection of situations can lead to filing a medical malpractice claim — from a doctor misdiagnosing an ailment to failing to tell a patient about any risks involved with a certain medical procedure or medication. There are certain rules and procedures for filing a medical negligence claim depending on where you live and where the claimed malpractice occurred. For medical negligence claims in Canberra, legal counsel will be required to professionally advise you about your rights and how to handle any specific legal issues or paperwork.
Time and Proof
Practical tips to be aware of when filing medical negligence claims are that the case should be made as early as possible, because there is a limitation on the amount of time where the incident occurred in which one can file a claim. If you do not file a claim within the specified time period, a court or other ruling body will not consider the case, regardless of any evidence.
When you file a claim, you will have to show that a doctor and patient relationship did exist at the time of the occurrence. This means you went to a healthcare professional and began treatment. Concerns about whether a relationship existed usually appear when a consulting physician did not render treatment, but did give some medical advice.
Patient Presentation and Documentation
Another major factor in a claim for medical malpractice is to demonstrate that the doctor was negligent or did not show the skill or diligence expected of a qualified doctor. You are required to provide a means to prove that the doctor acted without adequate skill, which will involve a patient to present a medical expert to review the relevant documentation and administer testimony regarding the quality of treatment. The evidence will have to prove the medical negligence directly caused the injury in question.
Alongside the doctor’s lack of prudence, medical negligence claims have to show that the injury clearly led the patient to suffer some kind of harm. Harm can constitute such things as pain, psychological distress, loss of finances, or employment. All relevant documentation regarding these factors, will have to be amassed and reviewed because your lawyer will likely request them. One other thing to think about is that your claim might not go straight to court, but to an intermediary such as a medical review board or council. These typically are made up of a peer group of medical experts that will consider ad determine, based on testimony and evidence, if medical negligence did indeed occur.
And should you have any such claims to consider, make sure to contact a professional and experienced company.