How to Medical Negligence Compensation can be Claimed?

Although an individual’s state of health plays a big role in the post-surgery process, even the healthiest person can sustain medical conditions due to the natural risks involved in surgeries. This is mostly due to the inherent risk included in medical treatment. However, the vast majority of the post-surgery complications are temporary and will largely depend on the patient’s medical history. Usage of drugs and alcohol, unhealthy eating habits, daily activity and the physical state of the patient can lead to an easier surgery process.

Although the majority of the post-surgery complications are natural and very common, human error is a fact that can even lead to permanent damages to the healthiest patients. The odds of suffering critical medical conditions after a simple surgery or a medical operation is unfortunately unignorable. Under the laws, if a patient sustains injuries as a result of a similar situation, the insurer of the medical professional is liable for the damages. As these injuries can be sustained permanently and decrease the patient’s -which in this case, a victim- quality of living, medical negligence compensation can be claimed.

The purpose of the compensation is to aid the victim with their financial difficulties due to surgical errors and compensate for their loss.

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What is medical negligence?

Medical negligence is a situation when the healthcare professional’s lack of care causes harm to the patient. However, understanding liability in medical malpractice is important as the majority of the surgeries, treatment processes and medical operations involve a natural risk, which is the risk that is mostly taken by the patient’s free will. What differentiates medical malpractice from natural risk is the medical professional’s behaviour, actions, the care taken and the application of the standard procedure.

Even if the process involves natural risk, warning the patient of the potential risks is among the duties of medical professionals. In such a situation, if a patient is harmed even though he/she was warned by the medical professional, according to the laws, medical professionals fulfilled their duties, and the patient accepted the risk. So, medical employees cannot be sued for medical negligence. However, failing to warn the patient of potential risks is considered the medical attendant’s fault as it is unlikely for a patient to be aware of the potentially adverse outcomes of such a technical procedure.

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What are the rights of the victims of medical malpractice?

In Australia, victims of medical malpractice can make a compensation claim to recover their loss as monetary damages. As the laws state, this compensation can be claimed from the professional indemnity insurer of the medical attendant and can include payments for loss of income, medical expenditures and if the occasion is serious, lump-sum payment.

However, it would be far more beneficial to discuss these entitlements with an expert of compensation law as these entitlements differ between states and largely depend on the occasion.

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The natural risk factor of medical treatments and the human error

From plastic surgeries to the simplest dental treatments, such injuries can occur. Under the Personal Injury Laws, a claim can be made if the accident has occurred due to lack of care. Whilst receiving treatment from professional, medical attendants owe you a duty to take care of your health and hesitate to act in a manner which can harm the patient. However, the medical professional’s intention isn’t taken into consideration as such accidents can occur even if the practitioner didn’t intend to harm the patient. On the other hand, negligence has a very broad meaning as even delaying to inform the patient can lead to accidents that the patient wouldn’t intend to take the risk.