How to Claim Doctor Errors Under Medical Negligence in Perth

When a personal injury happens due to medical negligence, it is important to know your rights, through which you can file a claim. Knowing the proper routes and what constitutes a breach of duty of care will help you to decide your legal route.

In this blog, we will explain common law negligence applied to health professionals and how you can file a claim properly with the help of medical negligence lawyers Perth.

What Constitutes the Duty of Care in WA?

To know if your claim of doctor malpractice, WA is valid or not, you need to be aware of what constitutes the duty of care. According to the Civil Liability Act 2002 (WA), the guiding principles are stated as follows:

• Quality and Timeliness: Care should be met with reasonable standards and be timely. By reasonable standards here, it means the medical treatment should adhere to accepted professional standards and avoid procedures that may be considered unsafe.
• Adequate Information: A doctor should inform you of all the risks related to your medical treatment. Along with it, they should make you aware of its procedure and costs.
• Privacy and Dignity: You should preserve your right to make decisions about your own body, and your confidentiality regarding health should be maintained. Healthcare can disclose your information for only legitimate health purposes.
• Participation and Informed Choice: Patients should always be involved in any decisions regarding treatment, and consent must be voluntary. In case the patient lacks mental capacity, the decision-making authority moves to a substitute decision maker under the Guardianship and Administration Act 1990 (WA). Under emergencies, to prevent serious harm that poses a threat to a patient’s life, the doctor may treat the patient under the doctrine of necessity.
• Access to Records: Patients should be able to access all their health records. Any kind of information should not be hidden from the patient.
• Data Protection: Your data with healthcare should not be misused under any circumstances. Publicising details or leaking personal information can be a severe form of trust breach. In this case, you can refer to corporate lawyers Perth for further guidance to take action against the hospital or healthcare.

If any of the above guidelines are breached, you can file a claim in two ways, which will be discussed shortly.

The Health and Disability Services (Complaints) Act 1995 (WA)

You can file a complaint under this statutory complaints body when you are seeking an apology or acknowledgement of the breach of duty. If you want the services of the healthcare organisation in a particular area to be improved or a mistake formally recognised, file a complaint under the HaDSCO.

Typical Situations

• Poor communication with rude or disrespectful behaviour
• Breach of Confidentiality
• Delays in treatment

Complaint Filing Process

According to medical law advice Perth, you can contact the HaDSCO online or offline through post or telephone and state your grievance. If the jurisdiction assessment accepts it, they can make the healthcare provider offer an apology and practice better administration.

Court Claim

Now, if the healthcare caused you serious harm or injury and you seek financial compensation, you should file a claim under the District Courts of WA or the Supreme Court, depending on the severity. However, first, we will see what holds a person legally negligent to prevent harm.

The Negligence Test

The Civil Liability Act 2002 (WA) sets out a three-stage threshold test. According to a medical malpractice lawyer Perth follows:

• The risk was foreseeable. This means the healthcare or medical professional knows or ought to have known the risks associated with the treatment.
• The risk magnitude must not be insignificant. This means the intent to cause harm or damage must not be trivial or remote.
• Reasonable precautions were not taken. By reasonable precautions, it means it is not based on what the defendant personally thought, but what is objectively acceptable. It is compared against ordinary prudence in that role and context.

It is important to note that under the Limitation Act 2005 (WA), the standard period for personal injury claims is typically 3 years. For personal injury, the act does not count from the date of treatment. Instead, it accrues when the injury becomes legally recognisable.

Process of Claim

To file a claim in court, a methodical approach is necessary. Going against a healthcare authority, you may need to consult a corporate solicitor in Perth. The following step-by-step process is given:

• Initial Assessment: Contact a medical negligence lawyer and gather medical evidence. Collect all medical records and facts about the treatments you received.
• Obtain Expert Medicinal Report: Independent expert evidence from another qualified medical professional is usually required to prove breach and causation. An attempt is made to negotiate with the insurer or service provider. If negotiations fail, issue court proceedings with the WA District Court or Supreme Court, depending on the claim size and complexity.

Conclusion

Filing a claim against healthcare can be tough, but the best medical negligence lawyer in WA can help represent your case properly in court. From arranging the documents to securing a credible medical professional, the burden of proof lies with the plaintiff. Hence, seeking the services of a reputable law firm is necessary.