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  • Writer's pictureEvan Sarinas

Medical Negligence

If a doctor, medical centre or hospital has caused injury or harm than you may be entitled to a claim. Medical negligence actions may include:

  • Failing to warn of risks and consequences;

  • Failure to diagnose/misdiagnosis;

  • Negligent surgical procedures;

  • Failing to adopt proper sanitation and hygiene procedures;

  • Failing to minimise the spread of infectious disease;

  • Negligent birth processes which may lead to brain damage, physical deformities/cerebral palsy;

  • Failure to refer to a specialist in a timely manner;

  • Aggravating previous medical conditions; and/or

  • Failure to observe or report on test results.

The elements of the claim require establishing:

  • The doctor/hospital owed a duty of care;

  • The duty of care was breached; and

  • Loss or damage was suffered as a result of that breach.

 Specialist medical reports are required to assist in proving “causation”. You are required to prove “on the balance of probabilities” that the doctor’s/hospital’s failures were the cause of your injuries.

Time Limits

Strict time limits apply to making a claim and if you miss the time limits you may lose your right to claim forever.

Contact us now so we can give you the representation and advice needed to maximise and progress your claim.

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