Blumers Personal Injury Lawyers have won or settled some of the largest and most complex medical negligence claims in Australia during the last 20 years.
No Win No Fee: Medical Negligence Lawyers Perth
Our team of lawyers and clerks are extremely experienced and knowledgeable in medical negligence litigation.
The law relating to medical negligence is complex and requires significant investigation and expert medical opinion which is very expensive. We use both local and international experts when appropriate. We have a facility to fund these ‘disbursements’ and they are subject to our no win no fee agreement, meaning you don’t pay for them unless your case is successful.
Often you are not sure if there has been negligence, but you know something about your medical treatment is not right. Call or book an appointment to discuss your claim as time limits apply.
We Specialise in Medical Negligence Law
We all rely on Western Australia health services to keep us well but when a healthcare professional fails to take reasonable care in providing treatment and makes a mistake, the consequences can be serious. If you have suffered harm as a result of medical negligence, you may be entitled to compensation.
Blumers Personal Injury Lawyers Perth are experts in medical negligence law. Our team of lawyers and clerks will work with you to understand your needs, support you through the legal process and achieve what is right for you following medical negligence.
The law relating to medical negligence is complex and making a medical negligence claim requires detailed investigation and expert medical opinion, which is very expensive. Blumers Perth will look after all expenses along the way and with our no win, no fee agreement you do not pay us anything unless you win your case.
What is Medical Negligence?
Medical negligence occurs when a healthcare professional negligently makes a mistake that causes you harm or injury. Healthcare professionals owe you, as their patient, a duty of care, which means that they must perform their work to a certain standard. Most Western Australian medical professionals act diligently and competently but mistakes can happen and have a big impact on you and your family. If medical negligence has occurred, you have a right to compensation.
The law surrounding medical negligence in Western Australia outlines the duties of registered medical professionals to warn of risk, and the standard of care expected. To make a successful medical negligence claim you must prove that the conduct of the healthcare professional was negligent and that their negligence caused you injury, loss or damage.
It is important to act quickly as medical negligence claims have strict time limits, outlined in the Limitation Act 2005 (WA). A medical negligence claim must usually be brought within three years of the date when you discovered you may have experienced medical negligence.
Some examples of medical negligence are:
- A failure or delay in diagnosing your condition;
- A failure or delay in providing appropriate treatment or referral for your condition;
- A failure to correctly report on your test results;
- A failure to perform your surgery at an appropriate level of skill; and
- A failure to warn you of risk and obtain your consent.
The law relating to medical negligence is complex and requires significant investigation and expert medical opinion. It is important to seek the advice of a Perth Blumers specialist medical negligence lawyer before pursuing a claim.
Types of Medical Negligence
Medical Misdiagnosis
Medical misdiagnosis occurs when a medical professional incorrectly diagnoses or fails to diagnose an illness or condition. The consequences of misdiagnosis can be serious. If you have suffered harm as a result of medical misdiagnosis, you may be entitled to compensation.
Medical Mishaps
Medical mishaps occur when a healthcare professional makes a mistake during medical treatment. The consequences of medical mishaps can be serious. If you have suffered harm as a result of a medical mishap, you may be entitled to compensation.
Birth Trauma
Birth trauma can result from mistakes made by healthcare professionals providing care during childbirth. The consequences of birth trauma can be serious. If you, or your baby, have suffered birth trauma, you may be entitled to compensation.
Birth Trauma
Unfortunately, when medical professionals are providing care for a person giving birth, sometimes mistakes happen.
Medical misdiagnosis
When a medical professional diagnoses – or fails to diagnose - an illness or condition, the consequences of a mistake can be extremely serious.
Medical mishaps
When a medical professional makes a mistake and that mistake is negligent, the person who suffers harm as a result of the mistake will have a claim against the negligent person – or institution.
The Legal Process for Medical Negligence Claims
The first step in running complex matters like medical negligence is to establish that a healthcare provider owed a duty of care and failed to meet this standard through negligent actions or failing to take a proper course of actions that has caused harm or injury. The next step is compiling detailed evidence, such as medical records, expert assessments, and witness accounts, is crucial for supporting your claim. Working with a medical negligence lawyer in Perth like those at Blumers Personal Injury Lawyers, can help ensure that all the necessary documentation and steps are organised and followed often within strict deadlines.
Once we take on your case, we will establish who the parties are and begin negotiations to seek compensation you are entitled to. These parties often involve the healthcare provider’s insurer. Mediation is often a key stage where many claims are resolved without court involvement. If an agreement cannot be reached, the case may proceed to litigation, allowing a court to evaluate and decide on the matter.
The Role Medical Experts Play in Medical Negligence Claims
Independent assessments are an integral part of medical negligence claims, evaluating whether the care provided met accepted standards. These evaluations determine if the actions or omissions of a healthcare provider contributed to harm or injury. You or your records may need to be examined by a third party specialist help establish whether the care fell short and whether it caused or exacerbated the harm experienced. This thorough review is key to addressing and supporting the claims raised.
The Length of a Medical Negligence Claim
The time required to complete a medical negligence claim varies greatly can often take several years. Factors such as the complexity of the case, the volume and accessibility of evidence, and the willingness of parties to negotiate all contribute to the timeline. We also need to make sure that the care you were meant to receive has been delivered and any associated care as a result of your subsequent injuries has stabilised. You may need ongoing care and we need to fully understand the extent of that before your compensation claim can be properly calculated. Detailed investigations and reviews make the process time-intensive but important for addressing the claim thoroughly.
Contact Blumers Personal Injury Lawyers if you think you have suffered as a result of Medical Negligence
Medical Negligence & Medical Malpractice
You might hear people often use "medical negligence" and "medical malpractice" interchangeably, but they mean different things. Medical negligence is an unintentional error—a lapse in the standard of care that causes harm. Medical malpractice, however, involves recklessness or knowing deviation from accepted practices.
Understanding the difference matters if you're considering a claim. A medical malpractice lawyer in Perth can help you assess your situation and advise on the best path forward.
Frequently Asked Questions
How do I know that I have a medical negligence claim?
If you feel that you may have been injured because of medical negligence, Blumers Lawyers Perth can help to navigate the complex field of medical negligence law for you. If we agree that you might have a case, we will arrange to meet with you at a time and place that best suits you. We will listen to your story and advise whether we think you have a claim.
It costs you nothing to make that first contact and talk with us. If you are not sure that medical negligence has occurred in your case but you feel that something about your treatment was not right, talk to us!
How much does it cost to make a medical negligence claim?
Blumers Perth do not ask for money up front to pay for expert reports and court fees and you do not need to pay us along the way. We operate on a no win, no fee basis, which means that you do not pay us back unless you win your case. So, there is absolutely nothing to lose by getting in touch with us.
If my medical negligence claim is unsuccessful, do I still have to pay you?
No. If your case is unsuccessful, you do not have to pay us.
How much compensation can I expect to receive for a medical negligence claim?
Blumers Perth will not be able to answer that question until we have a lot of information about the nature of your claim, the prospects of success and the seriousness of your injuries. We will do our best to give you a general idea.
Will I have to go to Court?
Most claims resolve in conference or at mediation rather than going to Court. We start by notifying your claim and issue court proceedings in a timely manner to protect your interests. If the insurer is not prepared to pay what your claim is worth, we will proceed to Court.
Will other people know that I am making a medical negligence claim?
The fact that you are a client of ours remains confidential, except for the purposes of dealing with your claim. If your claim ends up in court, in most cases the information will be publicly available.
Get in Touch with Our Medical Negligence Lawyers Today
If you believe you have experienced medical negligence Blumers Lawyers Perth can help. You can request a free, no-obligation video conference, teleconference or face-to-face meeting now. If you prefer, we can come to you. Call us, email us or book online to discuss your claim.