Doctors are known as the most reliable and trusted individuals across the globe. Due to this reason, they, along with other medical experts, have a great relationship with their patients.
This enables the patients to receive a high level of care and support from them. But at times, doctors, too, make mistakes that negatively impact a patient’s health.
So, when a patient has experienced actual damage, especially physical injury due to the doctor’s negligence, he/she can consult with the lawyers who are experts in proving medical negligence and handling medical negligence cases in Perth to obtain compensation. The lawyers will do their best to help them get the justice they deserve.
Medical Negligence: A Brief Definition!
The medical compensation lawyers say medical malpractice or negligence occurs when the medical expert causes harm or injury to the patient under their care through an act.
This particular “act”, such as the treatment, must fall under the acceptable standards of practice in the medical community of Australia. The harm needs to be reasonably foreseeable by the medical expert.
There are several examples of medical malpractice, which are:
- Conducting surgery or medical treatment with proper medical skill or care.
- Not advising or warning about the risks associated with the medical treatment.
- Making mistakes or errors in medications or prescriptions.
- Providing the right type of diagnosis but in an untimely manner.
- Failing to provide a correct diagnosis.
- Conducting the medical procedures without the patient’s consent.
How Can You Prove Medical Negligence?
If you or a family member have become a victim of medical malpractice, then proving medical negligence is a must and there are several ways you can easily do it. These are:
- The Causation
The personal injury lawyers in Perth say that “causation” is a difficult section of all medical malpractice cases. It’s because the lawyers themselves experience issues in getting their heads around.
You can prove that your physician did something wrong. But you also have to show evidence that the problems you started to experience were also the outcome of “THAT” wrong thing.
Besides that, you also need to prove that you wouldn’t have faced any problems if the wrong thing didn’t happen in the first place.
You must decide whether or not this specific case involves both legal and factual problems, which at times, can be difficult to do. You must speak with highly experienced lawyers to look into this matter for you.
- Failing to Warn
When you allege that the medical expert did not provide you with vital information about the practices and treatments and, in return, caused you harm or injury.
This way, you can prove that the medical expert “failed to warn you” about the dangers or risks the treatment has in-store. It’s crucial for all medical professionals to advise all their patients about the dangers of treatment.
There are certain types of information that doctors should provide their patients, which are:
- Concerns or features of the patient, which the doctor is well aware of.
- The severity and extent of the injury or wound.
- The likelihood of the injury taking place.
- Alternative treatment options
- The necessity of the operation
It is vital for the medical expert to provide all the warnings, information and advice in a way that the patients can properly understand.
For instance: “When a patient doesn’t speak or understand the English language, the medical expert needs to make sure that they get proper convey the information to the patient about the risks of a treatment or operation.”
The best way you can prove in court that the medical expert failed to warn you is by showing that the omission of the warning or advice has caused you harm.
The Duty of Care
To show Evidence of Medical Negligence, you must show that the hospital for the medical expert has the “duty of care” and they breached it. Duty of care is known as the responsibility of the medical expert/professional.
Here, they make sure to provide you with proper safety and also take good care of your well-being. Medical experts have to provide effective care in the implementation when providing their services.
This includes treatment, diagnosis and initial examination of all the patients. The next thing you must do is decide whether or not the medical expert has breached the duty of care.
You can easily place it in two groups, such as negligent treatment or failure to advise or warn you. If you wish to prove any one of them, be sure to speak with an experienced lawyer.
- The Damages
Depending heavily on the severity and extent of the injuries, Medical Negligence Lawyers say that you can easily claim compensation for the following damages:
- The loss of gratification of life
- Suffering and pain
- Previous care
- Losing the earning capacity or loss of income in the future
- Previous loss of income
- Future and past medical expenses
What Happens When Medical Negligence is Proved?
When you successfully prove that you were a victim of medical practice or commonly called “medical negligence”, you will receive compensation. This compensation will be provided based on the damages you experienced:
- Payment for suffering and for a loss of enjoyment in life
- Payment for future and previous medical treatments
- Payment for the future and previous loss of income
- Payment for future care and previous care, along with assistance.
You will receive a lump sum amount as compensation for the damages you experienced. This compensation will help in covering the previous and future losses without much hassle.
But you’re not entitled to claim or return any other compensation once the amount has been determined or agreed upon by the court. If you have any queries on such matters, consult your personal injury lawyer.
One Last Thought
The way medical experts offer their services these days has greatly changed in the past several years.
This means even though the chances for suing the medical providers for offering wrong treatment have been lessening, the negligence from those providers hasn’t.
If you plan to take legal action against a medical expert for medical malpractice, you should speak with a personal injury lawyer in Perth. They have the aptitudes and proficiency to help you receive compensation for it and also help you get the justice you deserve.
