When treatment goes wrong: your rights after medical negligence

AS WE age, we often rely more on the healthcare system—regular check-ups, small procedures, surgeries, and specialist care become part of life.

While most treatment is delivered with professionalism and care, sometimes things go wrong. If you or a loved one has suffered due to medical negligence, such as a surgical error, it’s important to understand your rights.

What is medical negligence?

Medical negligence happens when a healthcare provider fails to take reasonable care, leading to harm or injury. This can include misdiagnosis, delayed treatment, medication errors, or avoidable complications during surgery, such as operating on the wrong site or leaving surgical instruments inside the body.

In 2015-16, more than 10.6 million Australians were hospitalised. Of these, 6.4 per cent were preventable and 5.4 per cent involved an adverse event, yet only 3,000 legal claims were made. This highlights a gap in awareness of the right to seek compensation when care goes wrong.

Not every poor outcome is negligence, but if your care fell below a reasonable standard and caused you harm, you may have a claim.

Your legal rights in Victoria

Victorian law provides protection for patients harmed by medical negligence. You may be entitled to compensation for:

Pain and suffering

Medical expenses (past and future)

Loss of income

Cost of care and assistance.

 

Claims generally must be made within three years of becoming aware of the injury, though some exceptions apply. Seeking legal advice early is key.

What should you do if you suspect negligence?

1. Keep copies of all medical handouts and test results

2. Write down relevant conversations with healthcare providers

3. Ask questions and seek a second opinion if needed

4. Take photos of your injuries and anything you think is relevant

5. Request a copy of your medical records as soon as possible

6. If you were treated at a public hospital, consider lodging a formal complaint

7. Never sign a “release” without legal advice—doing so may waive your rights to compensation, and

8. Seek early legal advice. The sooner you start gathering evidence, the stronger your claim may be.

Many law firms, such as the personal injury experts at

Henry Carus + Associates, offer free initial consultations, so there’s no harm in finding out where you stand.

You’re not alone

Experiencing a medical error

can be distressing, particularly when your health and independence are affected.

But you don’t have to face it

alone. Understanding your rights is the first step towards getting the support and compensation you deserve.

For guidance, speak with the medical negligence team at

Henry Carus + Associates, or download the free resources at hcalawyers.com.au/claims-checklist.

//SPONSORED CONTENT