How to sue a hospital in Australia?

How to sue a hospital in Australia?

The short answer: With a good legal team.

Here are some types of claims:

Hospital Negligence Claims in Australia

Examples of some the compensation cases that our hospital negligence solicitors have handled include:

  • breaches in duty of care by staff including doctors, surgeons and nurses.
  • staff being under the influence of drugs and/or alcohol.
  • complications from surgery that are the result of misdiagnosis, hospital delays, poor surgical skill.
  • medication dosage errors, prescription and/or administration of incorrect drugs or medications that are contra-indicated, including a failure to acknowledge allergies.
  • incorrect surgical procedure performed and/or a different procedure should have been suggested to the patient.
  • surgery performed on the wrong body part.
  • failure to advise the patient of the risks involved in the procedure and had the patient been advised accordingly, they would not have consented to the procedure or would have consented to a different type of procedure or treatment.
  • was the procedure appropriate in all the circumstances (eg laparoscopic surgery versus robotic surgery versus open surgery).
  • incorrect positioning of the patient on the operating table resulting in paralysis, nerve injury.
  • hypoxia or lack of oxygen to one’s brain resulting in brain damage due to negligence by an anaesthetist.
  • anaesthetic awareness during surgery.
  • failure to diagnose medical conditions in a timely manner including stroke, heart attacks, meningitis.
  • incorrecting triaging in the emergency department.
  • failure to organise appropriate scans, blood tests, further investigations and post-discharge follow-up.
  • discharging a patient prematurely.
  • pressure injury / ulcers.
  • hospital falls.
  • hospital acquired infection (urinary, surgical site, pneumonia, prosthetic device infection).
  • post-operative haemorrhage or haematoma, pulmonary embolism, DVT.
  • neonatal birth trauma.

Negligence can occur in all settings, including private practice, private hospitals, public hospitals, and clinics. It can happen to anyone – children, adults, the elderly, professionals, employed and unemployed, students, mums and dads. Medical injuries can be purely physical and/or psychological in nature such as Major Depression, Adjustment Disorder, Post Traumatic Stress Disorder, Anxiety Disorder etc.

In minor cases, an error is quickly identified and the situation is corrected before any damage occurs to the patient. However, more troubling cases involve circumstances where a patient suffers permanent damage which results in life-long disabilities. Living with a disability caused by an accident can have a huge impact on one’s capacity to work; to take care of their physical needs; to take care of their dependants; and to enjoy the pleasures of life they once knew.

Legal Cases

Our Perth medical negligence solicitors have dealt with a wide variety of compensation claims and are able to provide advice on the most complex of cases including:

  • Traumatic brain injury.
  • Spinal Injury.
  • Obstetric negligence (e.g birth trauma, cerebral palsy, erbs palsy, fractured clavicle).
  • Gynaecology negligence (sterilisations, laparotomies, laparoscopies, hysterectomies).
  • Surgical error (wrong-site surgery, retained instruments & swabs, nerve & organ damage).
  • Medication errors (dosage errors, wrong medication, drugs contra-indicated).
  • Infections (failure to diagnose and treat).
  • Cancer misdiagnosis.
  • Pathology errors.
  • Antenatal testing errors (failure to diagnose congenital conditions; Down Syndrome).
  • Incorrect reporting of x-rays, CT scans and other radiology.
  • Complications from cosmetic and plastic surgery.
  • Paediatric negligence.
  • Failure to provide adequate post-operative care.
  • Failure to warn of risks involved in a procedure or treatment.
  • Faulty medical products and devices (hip replacements, pacemakers, breast implants).
  • Dental injuries (jaw fractures and dislocations, nerve damage, infection).
  • Death.

It can happen to anyone.

Anyone could experience medical negligence at some point. If care provided by a healthcare professional (such as a doctor, nurse or surgeon) or organisation (such as a hospital) falls below a reasonable standard, leaving you with physical, mental or emotional loss or injuries, it is called medical negligence. As the patient at the receiving end of substandard care, you may be eligible for compensation.

You may be confused and not even know that you have certain rights as a patient. We answer five commonly asked questions below but feel free to speak to one of our personal injury lawyers specialising in medical negligence,  to get the best advice for your case.

How do I know if I can make a medical negligence claim?

There are several situations where you could take legal action to seek compensation where you have suffered due to a lack of reasonable level of care as would be expected from medical professionals. These could include and are not limited to:

  • Misdiagnosis of your medical condition
  • Incorrect treatment or failing to refer you to a specialist in time
  • Inadequately monitoring your condition while in their care
  • Not performing medical procedures with due diligence and care like surgical errors
  • Giving you incorrect test results or medication
  • Inappropriate or lack of post-operative care