Suing a Doctor

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If you have been injured as a result of a doctor's negligence in Australia, contact our service for free advice on your rights to medical negligence compensation.

When a person is harmed by medical negligence, they may be able to sue the doctor who caused the harm or injury for compensation. Doctors must exercise reasonable care and skill when treating, diagnosing, providing advice and information as to material risks. In Australia, doctors have compulsory professional indemnity insurance so it is the insurance company who pays for any damages and legal costs awarded against the doctor.

Doctor Negligence

In Australia, a doctor can be sued under tort law and contract law. Under tort law, a patient needs to prove that the doctor owed them a duty of care; the duty of care was breached; the breach caused harm or damage. Unless the defendant can successfully rely on a defence, the plaintiff (patient) will be awarded compensation. Compensation in Australia is generally calculated based on both common law principles and legislation enacted in each State and Territory.

In addition to a duty of care owed to patients, a medical practitioner may in some situations owe a duty of care to non-patients, for example, the patient's sexual partner. There are cases that have held a doctor liable for failing to take reasonable steps to avoid exposing the partner to harm in terms of sexually transmitted diseases. Doctors also owe a duty of care to an unborn foetus in respect of treatment that is given to the baby's mother. If a baby is born with a disability as a result of negligent treatment given to its mother whilst in utero, the doctor may be liable to pay compensation.

No Win No Fee Solicitor

Our solicitors take on doctor negligence cases on a No Win No Fee basis. Medical negligence litigation is a complex area of law and skilled lawyers in this area will not take on cases that have no legal prospects of success. In fact it is professional misconduct for a lawyer to pursue litigation where the claim has no merit. Most patients do not have the funds to sue doctors and hospitals, and the No Win No Fee system is a way for injured patients with meritorious claims to access legal help.

The majority of medical negligence cases are concluded with a settlement agreement, that is, no trial is required. By resolving disputes in this manner, both parties can avoid the uncertainties, costs, and potential emotional stress associated with prolonged litigation, while still achieving a resolution that addresses the injured patient's grievances and provides closure to the matter.

If you would like further information on how No Win No Fee claims operate, and whether you may have a case against a doctor for medical negligence compensation, contact our legal team today for an obligation-free assessment. Time limits apply when it comes to suing doctors and hospitals, so do not delay in seeking legal advice.

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