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Understanding birth injury claims
Medical negligence, also known as medical malpractice, occurs when a healthcare professional fails to provide care or treatment of a reasonable standard, resulting in harm to the patient. This can include errors in diagnosis, treatment, aftercare, or health management.
Anyone who has suffered harm due to the negligence of a healthcare provider may be eligible to claim compensation. This includes patients who have been misdiagnosed, received a late diagnosis, received incorrect treatment, or experienced surgical errors. Family members of patients who have died due to medical negligence may also be eligible to claim on behalf of the deceased.
Types of medical negligence claims
Medical malpractice and negligence examples
Failing to diagnose a condition correctly or in a timely manner.
Mistakes during surgery, such as technical errors, operating on the wrong body part or leaving surgical instruments inside the body.
Prescribing the wrong medication, incorrect dosages, or failing to recognize drug interactions.
Negligence during pregnancy or childbirth that results in injury to the mother or baby.
Ignoring symptoms, failing to conduct appropriate tests, or not providing adequate treatment.
Making a medical negligence claim in South Australia
Time limits for bringing a claim
In South Australia, the statute of limitations for filing a medical negligence claim is generally three years from the date of the injury or when the injury was discovered. There are exceptions, especially for minors and cases involving latent injuries, so it is crucial to seek legal advice as soon as possible to understand your specific time limits.
Any Questions? Check out our FAQ.
What are my next steps to make a medical negligence claim?
1. Seek medical attention
2. Document the incident
Keep detailed records of the incident, including dates, times, and the names of medical professionals involved.
3. Contact our lawyers
Reach out to our experienced medical negligence lawyers in Adelaide for a free initial consultation.
4. Obtain medical records
Gather any relevant medical records and test results that you can.
Our lawyers will work with you through every step of the process
You’re in safe hands with Maurice Blackburn. We are renowned for our expertise in medical negligence law. Our experienced lawyers provide compassionate and effective representation, ensuring our clients receive the justice they deserve. We operate on a 'No Win, No Fee' basis and offer free initial consultations.
Frequently Asked Questions about medical negligence claims
In addition to compensation for medical expenses, loss of income, and pain and suffering, you may also be eligible for rehabilitation costs, care and support services, past care provided by family members and compensation for future medical needs.
Examples of eligible claims include surgical errors, misdiagnosis, delayed diagnosis, medication errors, birth injuries, and failure to treat.
A medical practitioner is a healthcare professional licensed to practice medicine. This includes doctors, surgeons, nurses, and other medical staff involved in patient care.
We will help lessen the burden, allowing you to focus on your health. We help gather evidence, prepare legal documents, negotiate with insurance companies, and represent you in court if necessary. We will guide you through the legal process and work to secure the maximum compensation for your claim.
- Establishing duty of care: Demonstrating that the healthcare provider owed a duty of care to the patient.
- Breach of duty: Showing that the healthcare provider breached this duty by failing to meet the standard of care.
- Causation: Proving that the breach of duty directly caused the injury or harm.
- Damages: Providing evidence of the harm or losses suffered because of the negligence, such as medical expenses, lost income, and pain and suffering.
No Win No Fee medical negligence lawyers in Adelaide
Our 'No Win, No Fee' policy ensures that you can seek justice without the burden of upfront legal costs. You only pay if we successfully secure compensation for you.
Client Stories and testimonials
Moya’s son Cameron was born in October 2003 and diagnosed with bilateral congenital hearing loss when he was one. He was referred to a program at the Women’s and Children’s Hospital in April 2005 and underwent cochlear implant surgery on his left ear in December of that year.
Moya then pleaded with the hospital, doctors and her son’s audiologist to get Cameron’s right cochlear implant as soon as possible.
But Cameron wasn’t offered his right implant until he was almost seven years old.
By that time, in 2010, Cameron had experienced significant developmental delays. The right implant had long-term noise quality issues, which were poorly monitored and calibrated by the WCH. This led to further development delays for Cameron.
Cameron connected with our Medical Negligence lawyer Ric Traini at a community event for people impacted by the cochlear implant program.
Moya says she was pleased to see that our Medical Negligence lawyers “were supporting the community and the families that have been affected”.
As a family, we are grateful for Ric and his team’s support, and we finally felt listened to after all these years.
Our lawyers will work with you through every step of the process
Take the first step towards justice and support. Our team of dedicated medical negligence lawyers in Adelaide are here to listen to your story and provide expert legal assistance and support.
Contact us today for a confidential, no-obligation consultation.
Need to speak to us sooner? Call us on 1800 111 222
Australia’s #1 plaintiff law firm
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Home or hospital consults
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Check if you're eligible for compensation
We offer a No Win, No Fee process.
Use our free online claim check tool and find out in minutes if you have a claim.
Office locations
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Our Canberra office is now closed, but our team continues to serve ACT clients and are available for phone and video appointments. If you need legal advice, please call us on 1800 675 346.
We have lawyers who specialise in a range of legal claims who travel to Tasmania. If you need a lawyer in Hobart, Launceston or elsewhere in Tasmania, please call us on 1800 675 346.