Medical negligence - General practice experts

Introduction

Experts within this field of medical negligence would be able to provide information as to whether medical negligence may have occasioned given the circumstances. Patients consulting GP doctors that have suffered physical or psychological harm or financial loss as a result of negligent medical treatment may be able to claim compensation for the breach of the doctors’ duty of care. Each state will have their own legislation governing medical negligence. Usually, claims for damages arising out of medical negligence take place in the courts but an independent Commissioner can assist parties to reach resolution, including financial payment, through a complaints resolution and conciliation process.

To be successful in a medical negligence, a claim must be able to demonstrate that the standard of care fell short of what would be reasonably expected of a medical practitioner in the circumstances, and the failure to provide the expected standard of professional care resulted in the patient suffering, being harmed, or incurring a loss. Experts within this field of medical negligence would be able to assess the circumstances of your case whilst providing 

The test used to determine causation is the ‘balance of probabilities’ i.e. it is more likely than not that the error committed by the general practitioner caused the harm or loss.

Once negligence is proven, the specific damages for quantifiable economic losses can be calculated from the date of the injury e.g. medical, care, and hospital charges,
rehabilitation expenses, special equipment, travel and accommodation costs, loss of income (including superannuation), and legal costs.

In addition, general damages for non-economic losses arising from a significant injury can be estimated e.g. pain and suffering, disfigurement, loss of limbs, organs or senses, loss of future earning capacity, loss of enjoyment of life.

An assessment of the degree of impairment should be made by an approved medical examiner that will assess the impairment and provide a certificate of assessment. The general practitioner can challenge this assessment by requesting a medical panel make a determination on the impairment.

There is normally a statement of limitations on claiming compensation for medical negligence. Ideally, it should be within three years of patient becoming aware of the harm or loss. In some special circumstances a longer period of up to twelve years is permissible.

At the bottom of this profile are brief details of a number of the experts that Expert Experts represents. Call our office to discuss your requirements and to obtain a recommendation that suits your needs and budget.

Expertise in Action

Experts in medical negligence can give opinions in cases where general practitioners have breached codes of conduct, misdiagnosed patients, prescribed medications that are ineffective, inappropriate, or harmful, failed to maintain confidentiality, ignored consent protocols, or did not refer patients to the appropriate specialist resulting in harm or a delayed intervention.

Experts can also help calculate economic losses and estimate non-economic losses for pain and suffering.

Sample Reports

For some fields of expertise we have some sample sections of de-identified reports. Please contact our office if you are interested in a sample.

Cost

The overall cost of expert opinion depends on the services required. Some of the key factors that affect the cost of advice include:

• The need for a view or inspection of a location
• The quantity of documentary material to be reviewed
• Whether there are reports of other experts to be reviewed and commented on in detail
• Whether there is a need for conferences with the expert either in person or by telephone/Skype

Relevant Articles Queensland skin cancer patient sues doctors for 'medical negligence'

Queensland mother who needed an eye removed by surgeons is suing her doctors for medical negligence, claiming her common skin cancer was not properly treated for more than four years.

Australia's medical indemnity claims 2012–13

This 182 page report presents data on the number, nature and costs of public sector and private sector medical indemnity claims for 2012–13 in the context of claims data from the previous 4 years.

Relevant Cases Makaroff v Nepean Blue Mountains Local Health District [2021] NSWCA 107 (28 May 2021)

This appeal case relates to a dispute as to whether a failure to advise the appellant to undertake an orthopedic review of an injured shoulder constituted medical negligence.

McKay v McPherson & Anor [2010] VCC 585

In this medical negligence case, a doctor failed to recognise the symptoms of heart failure.

Wickremeratne v Dr Ina Van der Merwe t/as Balgowlah Family Practice [2021] NSWCATAP 161 (31 May 2021)

This tribunal matter seeks to uncover medical negligence provided through professional dental services. It demonstrates where medical negligence professionals may be appropriately utilised.

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