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Medical Malpractice law, often referred to as medical negligence, in Albany, Australia, revolves around practices where the standard of medical care provided to a patient is violated. The standard of care constitutes the reasonable degree of skill, knowledge, and care practiced by a health care professional under the same circumstances. Examples of medical malpractice can include incorrect diagnosis, surgical mistakes, wrong medication, or neglecting patient history.
Legal help may be needed for an array of medical malpractice scenarios. If you or your family member is a victim of incorrect treatment, misdiagnosis, surgical error, or prescription error, you may need a lawyer. A lawyer can assist in lodging a complaint, crafting a lawsuit, or negotiating a settlement. Moreover, in cases where the malpractice has led to death, a lawyer can help in filing a wrongful death lawsuit.
Medical malpractice in Australia, including Albany, is covered under the law of negligence. The law demands that the healthcare professional owed a duty of care to the patient, the duty was breached causing injury or harm, and the injury resulted directly from the violation of the duty. There is no cap on damages for economic losses, but there is a cap for non-economic losses such as pain, suffering, and loss of enjoyment of life.
Typically, you have three years from the date of the negligence or from when you first realised you suffered an injury to bring about a claim. However, the time limit can vary based on the specifics of the case.
You can receive compensation for past and future medical costs, loss of wages, care and assistance provided by others, and non-economic losses such as pain and suffering.
No, not all medical mistakes qualify as malpractice. It must be proven that the medical professional's action or inaction deviated from the accepted standard of care and directly resulted in harm to the patient.
Not necessarily. Many medical malpractice claims are settled out of court through negotiations between the parties involved.
Yes, hospitals can be sued for various reasons, including negligence of their employees, such as nurses and medical technicians.
Australia’s Health Practitioner Regulation Agency (AHPRA) can provide important information regarding registered practitioners. The Australian Medical Association (AMA) also offers guidelines and assistance on medical ethics and standards of practice.
If you believe that you or a loved one have been a victim of medical malpractice, it's advisable to seek legal assistance. You should document every detail about your medical treatment. Gather all relevant medical records and any evidence supporting your claim. Consult with a knowledgeable and experienced medical malpractice lawyer in Albany who can guide you through the complex process of medical negligence claim.
