Medical Malpractice – Medical Negligence Lawyers NSW

The attention that you receive from a hospital, doctor, nurse or other healthcare agency has a large impact on your well being. Regarding the treatment of patients, Australia generally has a very high standard. When you see a medical professional you are entitled to receive the best treatment possible. Unfortunately this is not always the case and when an injury or medical condition is worsened because of poor  treatment, a medical negligence claim for compensation may arise.

What is Medical Negligence?


In Australia, every medical professional owes what the law calls a ‘duty of care’. Essentially, if a person is providing medical treatment, then they are legally obliged to not cause reasonably conceivable injury or harm to their patient.

If any conceivable injury is caused, then the person who provided the medical treatment may be liable due to medical negligence or malpractice. Any failure to warn a patient of the risks involved in any treatment may also constitute a breach of their duty towards that person.

Medical negligence is also known as medical malpractice or clinical negligence and seeks to claim compensation from healthcare providers for patients who have been personally injured by a medical professional. By law, providers have to provide patients with a “duty of care” which means there are strict guidelines to provide a ‘reasonable standard of care’.

If your doctor has been negligent in your treatment, our Sydney Medical Negligence/Malpractice team of lawyers can help you receive the maximum compensation for any injuries or harm you’ve incurred.

What sort of compensation can I expect?

    Proving Medical Negligence


    If you believe you have a claim,  you must prove medical negligence in the following terms:

    • That the treatments you received showed a less than reasonable level of care, skill and expertise;
    • that you suffered some injury or damage;
    • that the lack of reasonable care taken was the cause of your injury or damage

    If you think you can prove the above, then the next step is to contact an experienced medical negligence lawyer to start the legal proceedings against your healthcare provider. After the incident has occurred there are strict time limits for claiming medical negligence so contact PK Simpson solicitors today to get your claim under way.

    For over 38 years, PK Simpson lawyers have been helping the people of  Sydney and Australia get the medical negligence compensation they are entitled to. 

    PK Simpson’s team of expert solicitors have the skills and experience to make sure your medical negligence compensation case is successful.

    Our law firm operates on a No Win No Fee basis!

    Medical Negligence Compensation You May Receive


    If your medical negligence claim is successful you may receive:

    • A lump sum medical negligence compensation payment (This is compensation for pain and suffering)
    • Medical expenses for the treatment of the injury, in both the short and long term
    • Loss of wages and superannuation payments
    • Any expenses for future care
    • Other costs such as home modifications or wheelchairs you may need due to your injury

    The level of your payments is not calculated on the level of medical negligence that you experienced, but instead the severity of the injury and what losses have arisen from that injury. To get the best result possible and the care that you need contact PK Simpson lawyers for expert advice.

    Medical Negligence Claims Time Limit


    When claiming an injury due to  medical negligence, you need to know there are time limits on how long you have to lodge your claim.  This time limit is usually referred to as the “statute of limitations” or “limitation period”.

    When it comes to medical negligence, patients are often thinking more about their healing after they have been injured due to medical negligence. But further along, when they’re feeling better, is when they begin to think about bringing a claim. Sometimes it can be too late, which is why it is crucial to consult an expert lawyer as soon as they can.

    If you have been injured, you should consult medical injury lawyers since it is very important that you know how much time you have to bring a claim as the statute of limitations are quite stringent.

    You must lodge a  medical negligence claim in NSW  either:

    • Within three years from when you discovered that the medical negligence occurred; or
    • 12 years from when the medical negligence happened

    The date that expires first is the date that is taken into account.

    If you have been injured due to medical negligence, don’t hesitate to call PK SImpson today on 1300 757 467 or book an appointment to come and see us to have a chat about your options and get the ball rolling.