In Western Australia, a person with a medical negligence claim will only be successful if they can show that they suffered an injury due to the negligence of another person, usually a doctor, nurse, medic or someone in a similar role involving surgery, medical treatment or clinical care.
The injured person will usually have to show that the person providing the medical care owed them a duty of care as a patient, which will usually not present a problem. The harder part of a medical negligence claim is showing that firstly, the medical care provider was negligent in undertaking the medical care or medical procedure, and secondly any damage to the injured person was caused by the medical negligence, rather than any other condition, including the condition for which the injured person first sought medical treatment.
Most medical professionals and practices are fully covered by insurance. In the event of a medical negligence claim, their insurer or insurer’s lawyer will be informed and ready to protect their client (i.e, doctors, nurses, dentists, medical specialists, medics, hospitals, surgeries, clinics, and treatment centres). If you are in Perth, the best way to determine if you have a medical negligence claim that is worth pursuing is to organise an obligation-free consultation with a good medical negligence lawyer in Perth.
Try this free medical negligence claim checker!