Medical Negligence

General practitioners and family doctors or physicians treat all common medical conditions. They are responsible for referring their patients for urgent hospital and specialist treatment and investigation.

Many medical negligence claims arise out of treatment provided at public or private hospitals by doctors, surgeons, specialists, midwifes and nurses. Medical treatment does not always go to plan and mistakes and errors do occur even in the hands of the most experienced medical professionals.

Thousands of patients are injured because of surgical errors and mistakes each year. These injuries can be very severe, and many patients will require lifelong care and treatment as a result. In addition to the physical damage, the experience can also be emotionally traumatic for both the patient and their family.

Medical misdiagnosis occurs when symptoms of a serious medical condition are attributed to a less serious medical condition. As a result, the more serious condition is missed and not diagnosed. Medical misdiagnosis leads to erroneous or inappropriate treatment, delayed treatment or no treatment at all being provided to the patient.

Thousands of women each year give birth to babies all over Australia. Often, what should be a joyful and happy experience for mothers and fathers ends up being a very traumatic experience as result of negligence on the part of their obstetrician, midwife, hospital staff or other medical professionals responsible for provision of antenatal care, labour and delivery of their baby. This often results in injuries to the mother, baby or both.

Cosmetic treatment is a thriving billion-dollar industry. Hundreds of thousands of Australians undergo cosmetic medical and non-medical procedures each year. Whilst demand is high, patient confidence in the “murky” cosmetic industry is at its lowest point it has ever been, as thousands of men and women around our country go under the knife of cosmetic surgeons and plastic surgeons in order to improve their looks and appearance, concerns about standards and the lack of regulation in the cosmetic industry mount. Many patients begin to question the safety and skill level of their plastic surgeons, cosmetic surgeons as well as cosmetic clinics due to poor surgical outcomes and the need for further corrective or revision surgery.

Dental practitioners, orthodontists and dental and oral surgeons owe the same duty of care to their patients as any other medical professionals and treatment providers. They are required to exercise reasonable skill and care in provision of dental treatment to their patients, by taking all available and necessary steps to avoid and minimise the risk of injury during dental treatment.

Anaesthesia is an inherently risky part of any surgery. Anaesthetists are responsible for administrating and monitoring anaesthesia and the patient’s vital signs during a surgical procedure. They are also consulted prior to surgery to ensure that the patient is fit enough to undergo surgery based in light of their medical history and condition.

Ensuring informed consent is properly obtained is a professional, legal and ethical obligation of every medical professional. It is up to the patient, and no one else, to decide as to whether to undergo a particular surgical procedure or be subject to a particular medical treatment.