MEDICAL NEGLIGENCE CLAIMS

Negligence stems from the failure to take reasonable care where a duty of care is owed. It occurs due to the difference between the actions of a person and the standard to which a reasonable person would have acted in their duty. For medical practitioners, the standard of care is much higher.

Medical negligence or medical malpractice applies when a qualified healthcare provider (i.e. GPs, dentists, specialists) fails to treat a person with reasonable skill and care resulting in an injury. Injuries can arise even where a healthcare provider acts in an appropriate manner but such a treatment or care fails to meet the acceptable standard. If so, the injured person may be entitled to compensation.

The healthcare provider will be compared to a standard of care of a reasonably competent practitioner in that profession. This standard is set by the court therefore, although a practice or method is found to be common or accepted by other practitioners, it can still be negligent.

Some examples of medical negligence claims include delayed diagnosis or misdiagnosis, failure to refer to appropriate specialist or emergency treatment, failure to provide treatment or care at the right time, failure to obtain patient’s consent for treatment, failure to provide the correct prescription or medication, injuries sustained during birth and defective medical instruments.

In South Australia, there is a time limit to take legal action in a negligence claim. A legal action shall commence within three years from the cause of action (usually the date on which the medical treatment or advice was given). Failure to file the necessary documents in court within three years can result in the claim becoming statute barred, which means court’s permission will be required for the claim to proceed. However, in cases where injury was not instantly apparent, it may be probable for a claim to proceed outside the time limit.

Medical negligence claims can be very complex and expensive. It is highly advisable to seek legal advice as soon as practicable.

If you believe you may have a medical negligence claim against a healthcare provider or require advice, Straits Lawyers are here to help. We are now offering online services in both English and Chinese.

Straits Lawyers is evolving! With our recent growth and development, we have expanded and are excited to announce the launch of our new name HandO Lawyers. Stand by for the new age of legal representation brought to you by HandO!

Please note that this article does not constitute legal advice and Straits Lawyers will not be legally responsible for any actions you take based on this article.