Medical Negligence Compensation

Legal Helpline: ☎ 1800 529 835

Many people wrongly assume that if they have been injured by a medical error, they are automatically entitled to compensation. This is incorrect. Unfortunately, Australia does not currently have a no-fault system for medical negligence. To be awarded compensation, you must first establish that there has been negligence.

If you would like legal advice on your entitlements under the law, speak with our team today. Contact us by completing the online form or call our free helpline.

Compensation Awards

A common question that patients ask their medical malpractice solicitor, is "how much is my claim worth"?

This can be very tricky to answer, as every case is different. Compensation is awarded according to the "damage" or harm and loss suffered. A solicitor will need to quantify your claim on the basis of what losses you have suffered, and what needs have been created as a result of the negligent act.

Your entitlements to medical negligence compensation may include the following:

• Past medical treatment expenses
• Future medical expenses
• Past and future loss of earnings
• General damages for pain, suffering, emotional distress and loss of enjoyment of life
• Personal, domestic or nursing assistance provided by agencies
• Gratuitous Domestic Assistance (i.e provided without charge by family or friends)
• Rehabilitation Expenses
• Housing Modifications and Equipment Aids
• Pharmaceutical Expenses

Factors taken into consideration

Some of the factors which may be considered in assessing your entitlements to medical negligence compensation include:

• The present condition(s) from which you are suffering.
• The results of any medical examinations you may have had before and after the alleged negligence.
• The results of any diagnostic procedures including x-ray, pathology etc.
• Diagnosis and prognosis of your condition.
• Whether your medical condition is stabilised or whether there is any prospect of further improvement or deterioration.  
• Whether there is any residual disability, and if so the extent of such disability.
• Whether any further medical or other treatment is indicated and, if so, the probable outcome of such treatment and, if possible an assessment of the cost of that treatment and the period for which you will be unfit for work and/or hospitalised as a result of any such treatments.
• Whether you are fit for any work and if so, what type of work.
• If you are unfit for work, the cause of your loss of capacity for work, the extent for which you are incapacitated, and whether or not such incapacity arises from the negligence.

Repayments

If your medical bills are being paid by either Medicare or a private health insurance company, then these benefits must be repaid out of any settlement money received. Similarly, any income payments made by Centrelink whilst you are incapacitated, must be repaid to Centrelink if you receive compensation for your lost earnings or your inability to earn an income.

So as you can see, there isn't a generally set figure for the amount of compensation you can claim; it all depends on your individual case and your particular needs as a result of the negligence.