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Answered in 33 minutes by:
11/6/2013
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5,422
Experience: Dip Law LPAB - Sydney based lawyer
VerifiedHello and thank you for your question.
The fact that you have suffered an infection connected with your medical treatment does not necessarily entitle you to sue the treating doctors.
Generally, for a doctor or hospital to be held liable for injuries or problems arising from their treatment of a patient, they need to have done something wrong, either deliberately or negligently in a way which has caused your problems.
To succeed in a claim you would need to prove that the infection arose because of some deficiency in the way the doctor or hospital has treated you, either because he failed to take reasonable precautions to avoid the infection. Unfortunately there are risks with surgery that sometimes eventuate despite the best care of doctors and if you cannot identify any particular failing on the party of your doctor or the hospital you will not be entitled to any compensation in the circumstances you describe.
If after considering the above you are of the view that your doctor or the hospital did do something wrong then to bring a case you will need to obtain medical expert evidence, since only other medical experts will generally be able to convince a court that your doctor's treatment was negligent. Such medical reports are best arranged through a personal injury lawyer since the reports have to comply with court rules and having a lawyer make the arrangements should ensure that the report addresses all the legal requirements to properly support your case.
Be aware, however, that engaging a lawyer and other medical expert reports can cost considerable money and there is generally no medicare or private health insurance rebate on such reports, and if it turns out you have no claim, you will have wasted your money.
If you decide to see a lawyer and have difficulty locating a suitable lawyer, contact the South Australian Law Society as they will be able to refer you to a suitable lawyer in your area.
http://www.lawsocietysa.asn.au/
I trust the above assists your understanding.
Please rate my answer.
Thanks,
Patrick
The fact that you have suffered an infection connected with your medical treatment does not necessarily entitle you to sue the treating doctors.
Generally, for a doctor or hospital to be held liable for injuries or problems arising from their treatment of a patient, they need to have done something wrong, either deliberately or negligently in a way which has caused your problems.
To succeed in a claim you would need to prove that the infection arose because of some deficiency in the way the doctor or hospital has treated you, either because he failed to take reasonable precautions to avoid the infection. Unfortunately there are risks with surgery that sometimes eventuate despite the best care of doctors and if you cannot identify any particular failing on the party of your doctor or the hospital you will not be entitled to any compensation in the circumstances you describe.
If after considering the above you are of the view that your doctor or the hospital did do something wrong then to bring a case you will need to obtain medical expert evidence, since only other medical experts will generally be able to convince a court that your doctor's treatment was negligent. Such medical reports are best arranged through a personal injury lawyer since the reports have to comply with court rules and having a lawyer make the arrangements should ensure that the report addresses all the legal requirements to properly support your case.
Be aware, however, that engaging a lawyer and other medical expert reports can cost considerable money and there is generally no medicare or private health insurance rebate on such reports, and if it turns out you have no claim, you will have wasted your money.
If you decide to see a lawyer and have difficulty locating a suitable lawyer, contact the South Australian Law Society as they will be able to refer you to a suitable lawyer in your area.
http://www.lawsocietysa.asn.au/
I trust the above assists your understanding.
Please rate my answer.
Thanks,
Patrick
You are welcome.
Please rate my answer so that I can be paid for my time and effort.
Thank you,
Patrick
Please rate my answer so that I can be paid for my time and effort.
Thank you,
Patrick
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5,422
Experience: Dip Law LPAB - Sydney based lawyer
VerifiedPatrick H. and 87 other Australia Law Specialists are ready to help you
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