Medical Negligence
When medical treatment or advice causes unexpected harm, it can be difficult to understand what happened and whether you have grounds to take further action.
David Healey Solicitors represents people who have suffered harm following surgery or incorrect medical advice. We can assess the circumstances, explain the relevant legal considerations and advise you about your available options.
What is medical negligence?
Medical negligence may occur when a healthcare professional fails to provide an appropriate standard of care and that failure causes a patient to suffer injury, loss or further harm.
An unexpected or unsuccessful medical outcome does not necessarily mean that negligence occurred. Establishing a claim generally requires consideration of the treatment or advice provided, the accepted professional standard and whether the alleged failure caused the harm suffered.
Medical negligence matters can be complex and commonly require detailed medical records and independent expert evidence.
What type of medical negligence matter have you experienced?
David Healey Solicitors assists with matters involving harm following surgery or incorrect medical advice.
Harm following surgery
Surgical treatment can involve known risks and does not always produce the intended outcome. However, questions may arise when a patient suffers avoidable harm because appropriate care was not provided before, during or after a procedure.
We can review the circumstances surrounding the surgery and advise whether the matter should be investigated further.
Incorrect medical advice
Incorrect advice may lead to inappropriate treatment, delayed treatment or decisions that cause a patient additional harm.
We can assess the available records and information, explain the legal issues involved and advise you about the possible next steps.
How can a medical negligence lawyer help?
Assessing a possible medical negligence claim involves both legal and medical questions. David Healey Solicitors can help you understand what needs to be established and whether further investigation is appropriate.
Our assistance may include:
- Reviewing the treatment or advice you received and the harm that followed
- Obtaining relevant medical records and identifying issues requiring further investigation
- Seeking independent medical expert opinion where appropriate
- Assessing whether the treatment or advice may have fallen below the required standard
- Considering whether the alleged failure caused your injury or loss
- Advising you about your options and representing you if a claim proceeds
The steps required will depend on the circumstances and complexity of your matter.
What information may be relevant?
You do not need to have every document before contacting a solicitor. However, any information you can provide about the treatment, advice and resulting harm may assist with the initial assessment.
Your treatment history
Relevant documents may include medical records, reports, test results, consent forms and information provided before your treatment or surgery. Details of subsequent or corrective treatment may also be important.
What happened
A timeline setting out the healthcare professionals involved, the dates and locations of treatment and what occurred can help establish the sequence of events.
It may also be useful to record the advice you received and when you first became aware that something may have gone wrong.
How you have been affected
Information about further treatment, expenses, lost income and changes to your work or daily life can help demonstrate the effect of the injury or harm.
We can explain which records and supporting information may be required as the matter is assessed.
SPECIALIST LEGAL SUPPORT
When should you seek legal advice?
You may wish to obtain advice if you have suffered unexpected or significant harm following surgery or believe incorrect medical advice led to further injury, delayed treatment or financial loss.
Advice may also be appropriate if your condition worsened after treatment, you required corrective treatment or another healthcare professional raised concerns about the care you previously received.
It is not always immediately clear whether an outcome resulted from a recognised medical risk or potentially negligent care. A solicitor can consider the circumstances and advise whether further investigation may be warranted.
Time limits can apply to medical negligence claims, so it is important to seek advice promptly.
Frequently asked questions
What types of medical negligence matters does David Healey Solicitors handle?
We represent people who have suffered harm following surgery or incorrect medical advice.
Please contact us with a brief outline of what occurred so that we can determine whether the matter falls within our services.
Will I need medical records?
Medical records are commonly important when assessing what treatment or advice was provided. Other relevant information may include reports, test results, correspondence and records of subsequent treatment.
You do not need to obtain everything before making an initial enquiry.
Will an independent medical expert be required?
Independent expert evidence is often needed to assess the standard of care, causation and the extent of the harm suffered.
Whether an expert opinion is required, and the appropriate type of expert, will depend on the circumstances.
What compensation may be available?
Depending on the circumstances, a medical negligence claim may seek compensation for losses resulting from the injury. These could include treatment expenses, lost income, care needs and the effect of the injury on the person’s life.
The compensation available will depend on the evidence, applicable law and individual circumstances.
Are there time limits for medical negligence claims?
Yes. Legal and procedural time limits can apply.
The applicable period may depend on when the injury occurred and when you became aware of the relevant harm. You should seek legal advice promptly rather than relying on a general limitation period.
Can I make a complaint about a health service separately?
The ACT Human Rights Commission can receive complaints about public and private health services provided in the ACT. A complaint process is different from seeking compensation through a medical negligence claim.
We can advise you about the legal claim and whether other options may be relevant to your circumstances.
Related resources
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Discuss your matter with our team
If you believe you have suffered harm following surgery or incorrect medical advice, contact David Healey Solicitors with a brief outline of what occurred.
Our team can consider whether the matter falls within our services and discuss the appropriate next steps.