Medical practitioners in Australia are obliged to exercise a reasonable standard of competence, care and attention towards patients they are responsible for. This principle is known as the ‘duty of care’, and a breach of it may result in compensation for the patient.
Do I have a duty of care claim?
The principle of the duty of care is that a medical professional must exercise the reasonable standards that a competent practitioner in that position would exercise.
If your doctor, nurse, or other medical practitioner has failed in their duty of care towards you, and that failure has resulted in harm, you may be eligible for compensation under a duty of care claim. This may occur when someone who should have provided medical assistance refused to do so; if the medical assistance was not adequate, or was inappropriate; or in any number of other situations.
You will need to demonstrate that:
- the medical practitioner was responsible for your healthcare;
- that they failed to meet a ‘duty of care’ standard;
- and that this failure cause injury, illness, or other harm;
The specific legal and medical circumstances of each case are unique, and it can be difficult to understand and complex to prove a breach of duty of care. If you think you may have a duty of care claim, What’s My Claim Worth’s advisors can help you clarify your situation, understand your options and claim the compensation you’re entitled to.
How much is my duty of care claim worth?
Compensation for a breach of the medical duty of care is determined by the harm it causes, not by how serious the breach is. Even minor medical errors can result in serious injury or suffering.
Claims resulting from breaches of the duty of care may be eligible for compensation relating to:
- Expenses incurred (past) and projected (future) related to treatment and care
- Other expenses and costs, such as travel
- Loss of past and future earnings
- Pain, discomfort and distress
Depending on the circumstances of your claim, you (or your carers or dependents) may also be eligible for other forms of compensation.
All medical practitioners in Australia are covered by professional indemnity insurance, meaning that this compensation is paid by insurance companies rather than doctors or hospitals.
How can What’s My Claim Worth help?
If you have suffered as a result of a medical error or other breach of the medical duty of care, What’s My Claim Worth advisors can help you understand the laws and legal processes relating to your case. Our team can empower you to appreciate the value of your claim and the options available to you, and use our network of legal experts to connect you with the right lawyer for your circumstances. What’s My Claim Worth lawyers operate under a No Win, No Fee guarantee (excluding defendant costs if the claim is litigated), meaning you’re free to pursue the option that’s best for you, and the compensation you’re entitled to.
