Medical negligence

The term medical negligence refers to a negative consequence of medical treatment that could have been prevented.

Medical malpractice occurs when a medical professional, either by act or omission, provides treatment that falls below the accepted standard of practice and results in personal injury to a patient. Health service providers include hospitals, doctors, dentists and pharmacists.

It is important to note that a medical practitioner cannot be held responsible for unforeseen complications arising from unavoidable treatments.

Medical negligence is a specialised and highly complex area of law, subject to different legal principles and procedures to other areas of law. If you have suffered as a result of negligence by a medical practitioner, it is vital that you consult a legal professional to evaluate your possible claim and advise on the best way forward.

Your claim

When assessing whether medical negligence occurred, we will consider whether there was:

  • Failure to diagnose, or misdiagnosis, of a disease or medical condition.
  • Delay in diagnosing a condition or in providing appropriate treatment or a referral for a condition.
  • Failure to provide appropriate treatment for a medical condition.
  • Unreasonable delay in treating a diagnosed medical condition.
  • Failure to inform the patient of known risks associated with a particular treatment or procedure.
  • Failure to obtain a patient’s informed consent before undertaking a procedure or operation.
  • Unnecessary surgery.
  • Failure to perform surgery or provide post-operative care.
  • Incorrect reporting on test results.
  • Premature discharge.

Compensation

If you have suffered physical, psychological or financial harm as a result of negligent medical treatment, the law allows you to claim compensation from the healthcare provider. The purpose of medical malpractice litigation is to put patients in the position that they would be in, had no malpractice occurred.

Since medical conditions resulting from negligent actions cannot be reversed, compensation usually takes the form of a monetary award for the damages claimed.

Our professionals at Pule Incorporated specialise in acting as attorneys for the plaintiff in medical negligence cases. If you believe you have been subject to medical negligence and that you are entitled to financial compensation, contact us for an initial consultation where we’ll evaluate your claim.