Medical Negligence FAQs Our Medical Negligence page has more information about making a claim if you believe you’ve been injured by medical malpractice. What some examples of medical negligence? Anaesthetic errorsBirth related complications including c-sections, stillbirths and cerebral palsyCosmetic procedure injury, such as liposuctionIncorrect prescriptionsFailure to adequately follow upFailure to provide appropriate after-careErrors made during surgeryUnnecessary surgeryLaboratory results misread or not acted uponFailure to refer for specialist adviceSymptoms not recognisedWrong dosage for medicationsMistakes made in medical treatment, such as during surgeryMisdiagnosesDelay in diagnosing or treating your conditionFailures to adequately warn of the risks involved in medical treatment; orFailures to provide adequate treatment. Can I make a medical negligence claim? Not every injury which occurs while a patient is under the care of a health professional will be negligent and sound in damages. The patient will need to prove, among other things, that the health professional’s conduct fell below a reasonable standard of care appropriate to the particular circumstances. A bad outcome from a procedure does not necessarily mean the doctor was negligent. It ultimately comes down to whether the practitioner failed to provide treatment to an acceptable standard and that the failure to do so is the cause of your injury. This can be difficult to prove, but it’s why you need specialist medical negligence lawyers and solicitors on your side. We are experts in this particular area of law and know exactly what it takes to achieve a successful outcome. To what extent do I need to be injured to make a claim? In Victoria, an injured patient is entitled to make a claim for damages for pain and suffering provided he or she is assessed by a medical practitioner as having (or exceeding) a threshold level of permanent impairment (injury) as set out by law. It is possible to proceed with a claim for loss of earnings, out of pocket expenses and costs of care even if a permanent level of impairment cannot be proven. How is medical negligence proven? One essential element to be proved in a medical negligence claim is that the negligence of the health professional was the cause of or contributed to your injuries. I don’t want to go to court. Can I still make a claim? It is our experience at Arnold, Thomas & Becker that a large proportion of our client’s claims settle at mediation and never reach trial. Unfortunately, we cannot guarantee this outcome however we will do our very best to settle your matter as early as possible.