Medical Negligence - Sueing a Practicioner in QLD?
Ne
Member Posts: 336 ✭
Has anyone gone down this route at all? Has your case been accepted as a valid case for medical negligence? How did you start the process? Who did you see?
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HI Ne,
I am in Melbourne & am currently initiating a case. Ring a no win no fee firm to discuss your case & they will advise you whether or not it is worth going ahead with. I believe the processes & laws are different between states.
Let me know how you go.
Cate1 -
Hi Ne, I haven't gone down this route myself, however I was wondering what sort of medical negligence as patients we should be aware of? Hugs Melinda xo0
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@melclarity
Medical Negligence covers a large range of issues in medical care, including:- Misdiagnosis
- Failure to warn
- Failure to provide appropriate treatment
- Failure to provide referral to a medical specialist
- Delayed diagnosis
- Failure to properly communicate the risks of treatment
- Failure to perform surgery with 'reasonable care' and skill
- Failure to return correct test results
- Failure to provide crucial post-operative care
- Failure to prescribe the correct medication (or incorrect dosage)
- Dental injuries (eg permanent damage from removal of wisdom teeth)
- Failure to sterilise
- Failure to correctly monitor pregnancy/birth
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Hi Ne,
Thanks, that's a huge list and yes makes absolute sense, it certainly sparks alot of concerns. I know a year after my diagnosis, I applied for income protection and was the only time I got hold of all reports, pathology you name it. When I read through one report, all be it a typo error!!!! The doctor in charge of one of the scans listed my right breast...Ummmm it was my left. Its the only time in all the reports but honestly. Put the wind up me!!! and the Surgeons office said they'd get on to it. I never heard anything, and it was obviously an error, but really? opens a can of worms doesn't it?? puts alot of doubt into the process, were my results mixed up so I had to go through extensive reports to make sure they were all consistent. Interesting thing I find though, Oncologists down play effects of treatment before, during and even after. All the best with it. x0 -
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melclarity, a similar thing happened to me. I was happily chatting away with the person doing the ultrasound and at the end of it she realised she'd accidentally put it as my right breast and not my left (apparently its easy to do). She spoke to someone and they couldn't change it, so now when I have an ultrasound and they start questioning "are you sure its your left breast" I tell them about the error.0
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Michelle and Mira...isnt it just appalling!!! I get there are mistakes, but really??? when you are dealing with something so serious? and of course your mind goes off into a tangeant wondering do I even have it at all!!! Causes so much unnecessary angst!0
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Hi all. Just an update. I have contacted a Solicitor who according to their website specialises in Medical Negligence claims. They do not take on any cases unless the evidence you provide them with definitely matches with what is listed as recognised negligence criteria. This is due to their No win No Fee policy. In my case they do feel that I have valid concerns for a medical negligence case to be investigated so have asked to meet with me over the coming days to discuss my options and then I will have to decide if I want to proceed. I have to admit this is making me quite anxious. I will consult with the solicitor in a few days and see what her suggestions are and then decide.
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HI Ne! Oh that's great, yes I can imagine it would also make me anxious too, especially on top of everything you have been through and going through. Let us know how you get on. Hugs Melinda xo0
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Ne - just come on to wish you well with your appointment with the Solicitor and I do hope it helps with finding closure and peace for you. Take care xx0
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@melclarity I didn't get that upset about it to be honest. It was a genuine mistake and she told me straight away. I just make sure that any treatment is done on the correct breast and that treating doctors are aware. It hasn't caused me any problems, the only time it was mentioned was at the next ultrasound when they were getting puzzled and asking if I was sure it was my left breast. I had forgotten but they had it in the notes that my ultrasound was marked as the wrong breast, so the specialist knew anyway.
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@melclarity .... it is absolutely a disgrace, they are playing with people lives.
Im my case despite my surgeon telling ,me from the start she would monitor me very carefully, as I did not present in the usual way, she failed to do so. So after me complaining of a growing lump under my arm for 6 years & her failing to investigate it & instead wave me away with a its just prominent lymph node.
It was cancer growing & spreading for 6 years.....
I want accountability!!!
Cate0 -
Cate! That is absolutely horrendous!!! That is very serious! to have been sent away for so long and trivialised is crazy!
Mira, I dont think I would have worried so much had I been told at the time of the error, but I found out post surgery and post treatment a year later and only because I asked for all my reports for income protection. I think thats why I was so shocked and my Surgeons office was horrified over it.1 -
@melclarity I know right??? I am flabbergasted - she told me I would be monitored closely because of the way I presented & I just assumed she was doing that but I can still see the whole scene in my head from when I first mentioned the lump under my arm.... she kept looking at her computer & did not even look look up at me, just lifted her hand in dismissal with a its just a prominent lymph node, at that stage quite small, but over the years she felt it & so did the oncologist, felt it get bigger & change shape & kept telling me it was just a lumph node. I feel completely let down by them.
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