Your gut feeling was right: What happens when medical professionals get it wrong?
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You’re sitting in a doctor’s surgery feeling like something isn’t quite right, a nagging voice in the back of your head questioning whether you’re receiving the right care, the right diagnosis, or the right treatment.
While Canberra is home to some of many excellent medical professionals and health institutions, the reality is that healthcare providers are human, and humans make mistakes. When those mistakes cause significant harm, it can be life-changing.
If you’ve experienced harm due to a medical professional’s error, you’re not powerless. Understanding your rights and the legal framework around medical negligence can help you navigate this challenging situation.
The basics needed for a medical negligence claim
Think of a medical negligence claim like building a house, you need solid foundations and key structural elements for it to stand up. Here’s what lawyers look for when assessing whether you have a valid case:
Duty of care: Every medical professional who treats you has a legal responsibility to prevent harm. This duty exists from the moment they accept you as a patient.
Breach of duty: This is where things get technical. Generally, a breach occurs when a medical professional’s actions fall below what other competent professionals would consider to be reasonable in similar circumstances. It’s about meeting reasonable professional standards, based on what they know and ought to know at the time.
Causation: You must be able to prove that the healthcare provider’s mistake caused you harm or injury.
Damages Finally, you need to have suffered actual harm, either physical or psychological, as a direct result of the negligence.
The red flags you shouldn’t ignore
Your instincts matter more than you might think. Here are some warning signs that something might have gone wrong with your care:
Unexplained symptoms: If you’re experiencing pain or discomfort that your doctor can’t properly explain or address, trust your concerns.
Lack of improvement: When your condition doesn’t improve or worsens despite treatment, it might indicate issues with diagnosis or treatment.
Unexpected complications: Complications that seem unusual for your condition or treatment could signal problems
Diagnostic delays: A late diagnosis or complete misdiagnosis can lead to delayed or inappropriate treatment.
Treatment errors: Mistakes in surgery, medication, or other treatments.
Lack of informed consent: Not being properly informed about risks and benefits before a procedure.
According to the team at Maliganis Edwards Johnson, more negligence claims in Australia are successful than you might think, particularly when proper evidence can be presented. However, these cases require specialised knowledge and experience to navigate effectively.
Living in Canberra, we’re fortunate to have access to quality healthcare, but that doesn’t mean errors never occur. If something feels wrong about your medical care, don’t dismiss those concerns.
