You could be eligible for an informed consent compensation claim in New South Wales from your medical provider if you weren’t properly informed of all the risks of a procedure, or if you did not give your permission for a procedure. A medical provider can be a hospital, doctor, nurse, assistant, dentist, pharmacist or other type of health professional. All medical providers in New South Wales owe you a duty of care when examining, diagnosing, treating and advising you. Common informed consent issues that can result in a medical negligence compensation claim could include lap-band surgery, breast surgery, eye surgery, or facial laser treatment. In some cases in New South Wales, the medical procedure can be performed without consent – so for an emergency or under mental health legislation.
Laws and legislation for Informed Consent in New South Wales
In New South Wales, the most difficult part of your prescription errors compensation claim will be proving the link between the negligent actions of the practitioner, and your injury or illness. However, if a patient has endured substandard medical care while in New South Wales, they have a number of options, as per the Australian Court Rogers and Whittaker decision in 1992. They can either Sue the individual medical practitioners or the employers of the practitioners. You have to make the claim within three years of the initial discovery of the negligence, as per the law found in the Limitations of Action Act of 1958.
What is the claims process for Informed Consent in New South Wales?
To be able to make an Informed Consent Claim in New South Wales you have to prove three critical parts: liability, causation, and damage. To prove liability – if your practitioner did not meet the appropriate standard of care for your treatment – regardless of if you signed a consent form or not. This is liability. You will need to prove that their poor performance caused the unsatisfactory result – which would be causation. And finally, the medical compensation you receive would be known as damages. You have to make the claim within three years of the initial discovery of the negligence, as per the law found in the Limitations of Action Act of 1958.
What is the claims process?
What’s My Claim Worth can help you start the process to get the result you need in your informed consent claim. Starting this legal process can result in monetary compensation for you.
It should be noted that this is not a necessarily easy process, but it is worth seeing if you can make a claim. Start the process today and speak to What’s My Claim Worth, to see whether your informed consent case can progress.
Why should I choose What’s My Claim Worth?
What’s My Claim Worth’s claim compensation calculator can help you to understand the value of your claim, as well as your eligibility to claim. Once confirmed, we can then put you in touch with the best legal professionals to handle your hearing loss claim — No Win, No Fee (excluding defendant costs if the claim is litigated).
