Medical Malpractice

There are several types of medical malpractice, including:

Misdiagnosis: This is when a healthcare provider fails to accurately diagnose a medical condition, leading to a delay in treatment or incorrect treatment.

Surgical errors: This occurs when a surgeon makes a mistake during a surgical procedure, resulting in harm or injury to the patient.

Medication errors: This includes errors in prescribing, administering, or dispensing medications, which can cause harm to the patient.

Birth injuries: This includes injuries to the mother or newborn during labour and delivery, due to medical negligence.

Anaesthesia errors: This occurs when an anesthesiologist administers the wrong type or amount of anaesthesia, causing harm to the patient.

Failure to provide informed consent: This occurs when a healthcare provider fails to explain the risks and benefits of a medical procedure, leading to harm or injury to the patient.

Delayed treatment: This occurs when a healthcare provider fails to provide timely treatment for a medical condition, leading to further harm or injury to the patient

In a medical malpractice case, the lawyer must prove that the healthcare provider had a duty to provide care, breached that duty, and that the breach caused the injury. This requires a deep understanding of medical concepts and procedures, as well as an ability to gather and analyse evidence to support the claim. It is crucial to have legal assistance to navigate this process. To make a medical malpractice compensation claim, we will need to:

1. Gather evidence: Collect any relevant medical records, reports, and documents. Take note of any witnesses or expert opinions that may support your claim.
2. Contact a lawyer: You will need a lawyer who specialises in medical malpractice claims. Your lawyer will assist you in preparing your claim and provide legal representation throughout the process.
3. Prepare a statement of claim: This document outlines the details of your medical malpractice claim. It will provide a summary of your case and the damages you are seeking.
4. Serve the defendant: Once the statement of claim has been prepared, it will need to be filed in court and then served on the defendant. 
5. Wait for a response: The defendant will have 28 days to respond to your claim. They may agree to settle the matter or they may deny the claim.
6. Consider mediation: If the defendant denies your claim, you may choose to attend a mediation/settlement conference to try and reach a settlement. Mediations or settlement conferences are less formal processes that can help resolve the matter without going to court.
7. If unable to settle: go to a court hearing or settlement conference.