Negligent medical advice, treatment and misdiagnosis

Can I make a compensation claim for negligent medical treatment or advice?

If you have suffered a physical injury or psychological harm due to the negligent treatment, advice or misdiagnosis from a doctor or other medical provider, you may be able to make a medical negligence claim for compensation.

Medical negligence law can be complex and each state and territory has different requirements when it comes to proving:

• there was negligent treatment on the part of your medical provider (more than a reasonable mishap or mistake)
• the treatment caused an injury or harm that otherwise wouldn't have happened

Speak to our expert medical negligence lawyers, we specialise in medical malpractice and can help you understand your legal options and if you have grounds for a compensation claim.

What is considered negligent medical treatment?

Some common examples of negligent medical treatment that you may be able to claim compensation for include:

• making an existing condition worse
• failure to obtain informed consent, including adequate warning of the risks and possible complications
• injury due to surgical mistakes
• medication errors, incorrect drug treatment or drug reactions
• failure to provide the appropriate treatment or referral
• failure to provide post-operative care with reasonable care and skill
• incorrect reporting on test results

Misdiagnosis can also be considered medical negligence. 

What is medical misdiagnosis?

Medical misdiagnosis is when a doctor or medical professional:

• diagnoses a patient with an incorrect medical condition (wrong diagnosis)
• does not diagnose a medical condition within an acceptable amount of time, such as  after a bowel screening, breast screening or other diagnostic test (delayed diagnosis) 
• fails to make any diagnosis at all (missed diagnosis)

Misdiagnosis can often lead to worse outcomes for patients as it may result in them not receiving correct or timely treatment for their actual medical condition. This also commonly occurs with treatment or advice relating to cancer, including: 

• failure to detect early signs of cancer
• non-cancerous condition being wrongly diagnosed as cancer
• failure to refer for testing or specialist review
• not providing prompt and adequate follow-up care to assess treatment
• incorrectly interpreting test results

We know that medical misdiagnosis or delayed diagnosis of a serious or progressive illness such as cancer can have devastating consequences. If you or a loved one has been misdiagnosed, we can help you understand your legal options to achieve the best possible outcome.

Read more: Carol’s story: The tragic consequence of a delayed diagnosis of cancer

What compensation and benefits can I receive for negligent medical treatment or advice?

The compensation and benefits you may receive for suffering due to medical malpractice depends on the law you're covered by and the state you live in. In some states there's a threshold that determines how significant or severe an injury has to be before you’re entitled to claim damages for pain and suffering. 

The medical negligence compensation you may receive is usually awarded as a single lump sum payment. Your compensation can cover past, present and future expenses and losses including:

• direct medical expenses
• allied healthcare expenses
• pharmaceuticals
• medical and domestic assistance
• loss of income and future earning capacity
• payment to compensate for pain and suffering and loss of enjoyment of life. 

Our medical negligence lawyers will be able to advise you on what laws apply to you and any evidence that may be required to make a claim in your state, get in touch today.