Don’t assume it’s too late to lodge a claim. An experienced medical negligence lawyer can explore your rights and help you take legal action before the time limit expires.

Henry Carus + Associates have an in-depth understanding of complex medical negligence claims in Victoria. Call 03 9001 1318 today for a FREE, no-obligation consultation. We serve clients throughout Victoria from offices in Melbourne and other metro area communities.

What Is the Limitation Period for Medical Negligence in Victoria?

In Victoria, the Limitation of Actions Act 1958 is the legislation that sets time limits for personal injury claims, including medical negligence matters. Section 27D of the Limitation of Actions Act establishes a limitation period of 3 years for medical negligence claims and other personal injury actions.

The 3-year time limit for medical negligence claims in Victoria begins on the date the ‘cause of action’ (i.e., the right to make a claim) is discoverable. A cause of action is considered discoverable on the date that you know (or ought to know) the following facts:

1. You are injured.
2. The injury occurred due to the negligence of the defendant (in this case a doctor or other healthcare practitioner).
   AND
3. Your injury is ‘sufficiently serious to justify the bringing’ of a medical negligence claim.
   – Limitation of Actions Act 1958 – SECT 27F

Courts examine the conduct of the claimant in determining the date of discoverability. In medical negligence claims, the court may consider whether you completed all follow-up care, regularly saw a doctor, and took other steps that may have identified a medical error.

In the following video, Senior Associate Dino Beslagic discusses how long clients generally have to lodge a medical negligence claim:

Are There Exceptions to the Time Limit?

Yes, the law in Victoria does recognise exceptions to the medical negligence claim time limit. The following individuals have additional time to take legal action:

Children Under the Age of 18

If a minor child is injured as a result of medical negligence, a claim must be brought within 6 years of discovery. This additional time is critical for families with children who suffer birth injuries, as the signs of an injury may not be apparent until the child is several years old. It is also important for children injured as a result of pediatric negligence and other medical errors when they are young.

Read More: What Types of Medical Negligence Affect Children the Most?

Individuals Under a Disability

Additional time is provided to individuals who are under a disability when they are injured due to medical negligence. The Limitation of Actions Act defines disability as being of ‘unsound mind’. Medical negligence claims must be lodged within 6 years if the victim is a person under a disability.

What Is the ‘Long-Stop’ Time Limit?

The ‘long-stop’ date is the final deadline for bringing a personal injury claim. In Victoria, the long-stop time limit for medical negligence actions is 12 years from the date the injury occurred. Claims brought after the 12-year limitation period may be barred by the court, even if the injury could not have been reasonably discovered prior to that date. However, the court can also extend the period of limitations upon consideration of a number of factors. 

What does the long-stop time limit mean for your medical negligence claim? Let’s look at an example:

• A patient (we’ll call her ‘Sheila’) had surgery in 2015. Unbeknownst to Sheila, the surgeon accidentally left a sponge inside her body.
• The sponge undergoes aseptic fibrous tissue reaction, resulting in little to no observable symptoms and no knowledge of the retained object on Sheila’s part.
• In 2025, Sheila develops an infection. Symptoms include pain and swelling at the surgical site.
• Sheila’s condition worsens, and she is eventually taken to hospital for septicaemia. Doctors perform imaging and discover the sponge that was left inside her 10 years ago. Surgery to remove the sponge is successful, though Sheila requires further hospitalisation, extensive rehabilitation, and is unable to work during her recovery.
• Knowing the original surgeon made a serious error, Sheila contacts a specialist medical lawyer to discuss her rights. Although the general 3-year limitation period has passed, an experienced lawyer may be able to argue that it falls within the long-stop time limit.

Sheila’s hypothetical surgical negligence claim should still be viable in theory. However, the surgeon, hospital, and their insurance companies would likely dispute such a claim on the basis that Sheila should have reasonably discovered the sponge before 10 years had passed. Patients need to be prepared for these arguments and entrust a lawyer who can effectively pursue an extension of the limitation period.

Bringing a Medical Negligence Claim Within Victoria’s Time Limit

If you suspect that a healthcare provider’s negligence caused you harm, you shouldn’t wait to speak with a lawyer who specialises in medical error claims. Swift action is essential for protecting your legal rights, ensuring that your claim is lodged within the time limit, and maximising the likelihood of a favourable outcome.

Medical errors require thorough investigation, ideally when potential proof of negligence may still be available. Your lawyer will work quickly to collect evidence and prove negligence on the part of medical professionals. This includes:

• Your medical records
• Medications you have been prescribed
• Consent forms for medical treatments, surgeries, etc.
• Bills for out-of-pocket medical expenses
• Documentation of lost earnings and loss of earning capacity
• Reports from doctors and other professionals documenting a significant injury

These and other forms of evidence enable your lawyer to establish fault on the part of the provider and calculate your entitlement to damages. Expert witness testimony can provide further support for your claim.

Contact Our Medical Negligence Lawyers Today

Henry Carus + Associates have extensive experience with Victorian personal injury law. We understand the challenges in bringing a medical negligence claim, but we don’t let these obstacles stop us from representing clients according to our philosophy of You Deserve More.

Concerned about the time limit for medical negligence claims in Victoria? Our team can get started right away, gathering all available evidence and consulting expert witnesses to prepare a strong claim on your behalf. We also handle negotiations with insurance companies and, if necessary, commence court proceedings. Our goal is to obtain the maximum compensation you deserve.

If you or someone you love has been injured due to medical negligence, call Henry Carus + Associates at 03 9001 1318 today. Your initial consultation is FREE and, with our No Win – No Fee policy, you don’t pay any fees until we win for you.

The post What Is the Time Limit for Medical Negligence Claims in Victoria? appeared first on Henry Carus + Associates.

Henry Carus + Associates handle surgical negligence claims in Melbourne and throughout Victoria. Our goal is to pursue maximum compensation on your behalf while providing care and guidance throughout the course of your recovery and your legal claim.

Find out if you have a viable surgical error claim and the legal options available to you. Call Henry Carus + Associates at 03 9001 1318 today for a FREE, no-obligation consultation.

What Is a Surgical Error?

A surgical error is defined as an unintentional act that causes preventable harm to a patient. Surgical errors may occur prior to surgery, during the procedure, or shortly afterwards when the patient is receiving post-operative care.

Examples of surgical errors include:

• Wrong-site surgeries: Operating on the wrong part of the body (e.g., operating on the wrong level of the spine).
• Negligence during surgery: Carelessly damaging blood vessels, tissue, nerves, organs, etc.
• Wrong-patient surgery: Performing an operation on the wrong patient.
• Delayed surgical intervention: Failure to perform surgery when it is medically necessary or clinically indicated.
• Retained foreign bodies: Examples of retained foreign bodies include sponges, needles, clamps, retractors, etc. Leaving these inside a patient can lead to serious infection.
• Anaesthesia errors: Improper administration of anaesthesia, failure to monitor the patient, and giving an incorrect dose can have serious repercussions.
• Negligence in infection control: Operating rooms and surgical equipment need to be kept sterile, and patients must be closely monitored for signs of infection post-surgery. Errors in either of these aspects can lead to infection, septicaemia, and other complications.
• Failure to warn: Patients have a right to be informed of the risks of a procedure, and providers are required to obtain informed consent. Failure to explain the risks and/or get the patient’s informed consent may constitute negligence on the part of surgeons and hospital staff.
• Unnecessary surgeries: Not every surgical recommendation is in the patient’s best interest. Surgeons may be held liable if an injury or complication results from an unnecessary surgery.

Surgical errors are generally considered a form of medical negligence. Victims of surgical errors may be able to bring claims against the practitioners responsible for the injury, as well as the hospital or facility.

What to Do When an Operation Goes Wrong

Even if everything goes right, some surgeries involve a long and difficult recovery. When an operation goes wrong, the recovery can be even more difficult and fraught with challenges.

Victims of surgical negligence may experience a worsening of the injury or illness for which they underwent surgery in the first place. They may also suffer temporary or permanent injuries that limit their mobility or day-to-day functioning, cause extreme pain and psychological distress, and affect their ability to make a living. They also may require further revision surgeries to fix the initial error.

Here is what you should do if you suspect the surgery was not at the required standard:

1. Get Medical Attention Immediately

If you experience an injury or complications in the hospital, you should receive immediate treatment from the staff (if not, that’s potentially evidence of further negligence). Call 000 or go to the nearest hospital if you experience complications whilst you’re recuperating at home or out and about.

2. Follow Up with Your Doctor

Once your injuries are stable and you’re released from hospital, you should see your G.P. as soon as possible. You may be referred to one or more specialists, physical therapists, and other practitioners. It is crucial to keep up on your care following a surgical injury or complications, both to document your condition and protect your legal rights.

3. Document the Surgery and the Aftermath

Thorough documentation is critical following a suspected botched surgery. Your records should include:

• Notes about the condition that required surgery, including symptoms, diagnosis, test results, etc.
• Communications with the surgeon and staff, including notes from your initial meeting or consultation, surgical recommendations, conversations about alternatives (if they were presented to you), etc.
• Intake forms, consent agreements, and other documents
• All medical records—before, during, and after surgery
• Records of symptoms you experienced and treatment you received for complications or an adverse outcome
• Communications with doctors and hospital staff regarding the surgical error
• Medical bills and invoices
• Proof of lost wages and future earnings

4. Consult a Specialist Lawyer

Surgical error claims are complex. It is important to consult a knowledgeable lawyer with the experience, resources, and expertise to represent you effectively and maximise your compensation.

5. Focus on Your Recovery

The physical effects of a surgical error are often exacerbated by a sense of unfairness and injustice. Had the surgeon done what they were supposed to do, you might not be in this painful, life-altering situation. Once you have legal counsel, your lawyer can focus on the intricacies of your surgical error claim while you dedicate your time to getting better.

Do I Have a Claim?

There are several conditions you need to meet when claiming compensation for a surgical error.

First and foremost, your claim must be brought within the limitation period. In Victoria, the general limitation period for personal injury claims is 3 years from the date the injury is discovered. Additional time may be allotted if the injury is discovered at a later date, but Victoria law imposes a long-stop limitation of 12 years.

Second, you need to prove that the error was the result of negligence. You will need to show:

• The surgeon failed to exercise the reasonable degree of care expected of a practitioner with his or her skill.
  AND
• The error caused you harm, whether by exacerbating an underlying condition or further injuring you.

Not all surgical procedures go to plan. Patients may experience unfavourable outcomes despite the best efforts of their surgeons and staff. In these cases, the injury would likely not be compensable because the surgical staff upheld the standard of care. The same goes for simple mistakes during surgery, which may not rise to the level of negligence.

A lawyer experienced with surgical negligence claims will examine the conduct of the surgeon, anaesthetist, nurses, and other staff involved in your care. Lately, we are finding that many surgical error claims originate from issues prior to surgery—such as surgeons taking on too many patients and doctors performing procedures for which they are unqualified. Our team is prepared to investigate all aspects of surgery for signs of negligence, from the initial evaluation to the operation to aftercare.

Compensation for Surgical Negligence

You may be entitled to compensation for a surgical error if a medical practitioner’s negligence caused you injury. Damages you may be entitled to include:

• Medical expenses subsequent to the botched surgery
• Loss of earnings
• The cost of household services, assistive devices, and other care and supports
• Medical-related travel expenses
• Loss of future earnings and earning capacity
• Pain and suffering
• Loss of enjoyment of life

A medical negligence lawyer can collect the evidence necessary to prove the surgeon’s error, establish the seriousness of your injuries, and claim all of the damages you are due. Testimony from expert witnesses is essential for showing that the actions of the health care provider deviated from the standard of care and caused your injury.

Surgical negligence claims often involve going up against large public or private hospitals, as well as insurers determined to pay you as little as possible. The majority of claims are resolved via settlement—typically through negotiations and mediation—but it may be necessary to go to court.

Get Expert Help with Your Surgical Error Claim

When consenting to surgery, we expect providers and facilities to uphold high professional standards. Unfortunately, surgical negligence can lead to devastating outcomes for patients and their families.

At Henry Carus + Associates, we believe You Deserve More. In addition to specialising in medical negligence claims, we provide compassionate and supportive assistance based on your individual needs. Our lawyers work to maximise your compensation while you focus on your recovery.

We take your surgical error claim on a No Win – No Fee basis. You pay no upfront costs and only pay a fee if we obtain a favourable result on your behalf.

Contact Henry Carus + Associates Today

Qualified legal counsel is essential for pursuing compensation after a surgical error. Call 03 9001 1318 for a FREE, no-obligation consultation. Henry Carus + Associates serve clients in and around Melbourne and all of Victoria.

The post Can You Claim Compensation for a Surgical Error? appeared first on Henry Carus + Associates.

Like many Aussies, Henry Carus + Associates have been watching the news about ambulance delays with great concern. Our medical negligence lawyers are committed to holding healthcare providers responsible for the injuries patients suffer due to their actions—or inaction, as the case may be.

Explore your right to compensation for an ambulance delay by calling 03 9001 1318 today for a FREE, no-obligation consultation. Henry Carus + Associates serve clients throughout Victoria from offices in Melbourne and other communities in the metropolitan area.

How Long Is the Wait for an Ambulance in Victoria?

Ambulance Victoria releases quarterly response time data. The latest report (Quarter 4 April–June 2024) shows that the average response time for an ambulance in Victoria is 15 minutes and 37 seconds.

Melbourne has one of the shortest average response times for ambulances at 13 minutes and 8 seconds. Communities with the longest wait time for an ambulance include:

1. Buloke: 33 minutes and 52 seconds
2. Towong: 28 minutes and 24 seconds
3. Yarriambiack: 25 minutes and 52 seconds
4. West Wimmera: 25 minutes and 38 seconds
5. Mansfield: 25 minutes and 19 seconds
6. Loddon: 25 minutes and 7 seconds
7. Murrindindi: 23 minutes and 55 seconds
8. Gannawarra: 23 minutes and 29 seconds
9. Strathbogie: 23 minutes and 18 seconds
10. Pyrenees: 23 minutes and 3 seconds

Just 64.2% of emergency calls in Victoria are responded to within 15 minutes. This falls far short of Ambulance Victoria’s stated goal of responding to 85% of emergencies in 15 minutes or less.

Make no mistake: If you or someone you love is in the midst of a medical emergency, you should call 000 and wait for paramedics to arrive. However, we feel it is important that the public know they may be entitled to ambulance delay compensation if something goes wrong.

How Long Is Too Long to Wait for an Ambulance?

The delay in ambulance response times has been attributed to a number of different factors. For example, when a Melbourne man died in his home while waiting 4 hours for paramedics to respond, the Victorian Ambulance Union cited overwork as a major contributor.

Paramedics work long shifts with few breaks. This has led to issues of burnout, exhaustion, and increased sick leave. Paramedic shortages lead to ambulance shortages, which can result in limitations in emergency services and put up to 100 km between a patient and the closest ambulance.

Ultimately, the question of ‘how long is too long to wait for an ambulance’ touches on issues of duty of care and standard of care (both central elements in a medical negligence claim), as well as the duties of public sector entities like Ambulance Victoria. Our lawyers work with leading experts to establish the standards for emergency services and identify instances of negligence.

Why Are There Ambulance Handover Delays?

When no beds are available in the emergency department, paramedics are required to stay at the hospital until they can hand over the ambulance patient to hospital staff. This practice is known as ‘ambulance ramping’, and it is another source of significant delays in emergency medical care.

According to ABC News, ambulance ramping is becoming increasingly common at Victoria hospitals due to a rise in the number of emergency patients. This creates a bottleneck for patients arriving via ambulance, who sometimes have to wait for hours before a bed opens up. It also delays ambulance response times and leaves too few ambulances to handle 000 calls effectively.

Ramping is not limited to hospitals in major population centres. It also occurs at smaller hospitals serving rural areas, leaving communities with already limited access to emergency services even more vulnerable.

Hospitals may be held liable for medical negligence if delayed diagnosis and treatment harms a patient. Investigation of ambulance ramping incidents may reveal that understaffing, improper supervision, and other negligent practices resulted in the delay of an ambulance handover. Patients who are adversely affected may have an ambulance delay compensation claim.

What Claims Can You Bring for Ambulance Delay?

Delays in ambulance services, delayed transport to hospital, and ambulance ramping are all symptomatic of a broader crisis affecting the Australian healthcare system. Patients who need care now are the ones who pay the price—sometimes with their lives.

Ongoing media coverage helps to draw attention to fatalities and other sentinel events associated with ambulance and hospital delays. When pursuing ambulance delay compensation, our lawyers principally focus on two types of claims:

Medical Negligence

The patient needs to prove that their injury was caused by the negligence of a healthcare practitioner. Delayed treatment of an urgent medical complaint may be grounds for a medical negligence claim. This may include:

• Heart attack
• Stroke
• Difficulty breathing
  • Shortness of breath or laboured breathing may be caused by chronic conditions (such as asthma, chronic obstructive pulmonary disorder, etc.) or an emergency (such as allergic reaction, pulmonary edema, etc.).
• Choking
• Disorientation, loss of consciousness, or collapse
• Seizure
• Traumatic injuries from falls, motor vehicle accidents, encounters with domestic or wild animals, etc.
• Accidental ingestion of a poisonous substance
• Mental health crisis with the potential for self-harm

Medical negligence lawyers carefully assess the actions of all healthcare professionals believed to be responsible for the patient’s injury. Potential defendants include paramedics, emergency room physicians, and other healthcare professionals, as well as the hospital.

Read More: How Do I Prove Medical Negligence?

Public Authority Claims

Councils, government agencies, and other public authorities may also be held liable for injury. In the event of an ambulance delay, the actions of public entities such as Ambulance Victoria and Triple Zero Victoria should be closely examined.

Negligence must be established in all common law personal injury claims. This can be difficult when the defendant is a public entity.

In Victoria, the liability of public authorities is limited by principles such as financial resources, responsibilities, and compliance with general procedures. Furthermore, there are only certain circumstances where a claim may be brought for wrongful exercise of or failure to exercise function.

Allegations of negligence on the part of public entities must be supported by strong evidence and an in-depth understanding of Victoria’s personal injury legislation. Contacting a knowledgeable personal injury lawyer is crucial for identifying all legal options for obtaining fair compensation.

Severely Impacted by Ambulance Delay? Henry Carus + Associates Can Help

Medical emergencies happen every day. When they do, we expect emergency services to arrive on scene promptly, stabilise us for transport, and get us to hospital for treatment as soon as possible.

In recent years, however, far too many Aussies have had to wait hours for an ambulance to arrive. By the time they get there, some patients have suffered serious health complications, permanent damage, and even death.

Call 03 9001 1318 today for a FREE consultation with Henry Carus + Associates. Our lawyers fight to maximise compensation for the victims of ambulance delays in Melbourne and throughout Victoria.

The post Can I Claim Compensation for Ambulance Delay? appeared first on Henry Carus + Associates.

It is important to note that there is no ‘average’ instance of medical negligence. Accordingly, there is no such thing as an ‘average’ payout for these claims.

Henry Carus + Associates is not an average law firm. We strive to maximise our clients’ compensation in medical negligence matters in Melbourne and throughout Victoria. Our lawyers account for all damages to date, as well as any future losses you are likely to face.

Call 03 9001 1318 today for a FREE, no-obligation consultation. Clients pay nothing upfront and only owe fees when we are successful in obtaining medical negligence payouts on their behalf.

What Is Medical Negligence?

Medical negligence is defined as a failure to uphold the standard of care owed to a patient. The standard of care refers to the accepted standards within the medical community. It encompasses the actions a competent health care practitioner should reasonably take in diagnosing and treating patients in a given situation.

Examples of medical negligence include:

• Misdiagnosis
• Failure to diagnose
• Surgical and anaesthesia errors
• Emergency room errors
• Birth injuries resulting from obstetric or delivery room negligence
• Medication errors, including overprescription and overmedication
• Laboratory errors
• Failure to obtain informed consent or advise patients of the risks of treatment
• Hospital negligence

Patients who undergo medical treatment and suffer an injury or decline in their health should seek legal counsel immediately. Knowledgeable medical negligence lawyers can evaluate the claim and determine your legal rights.

Elements of a Medical Negligence Claim

Medical negligence payouts are not automatic. To establish your right to compensation, you will need to prove the following:

• First, you need to show that a professional relationship existed between you and the practitioner. This creates a duty of care on the provider’s part.
• Next, the evidence needs to show that there was a breach of the duty of care. Your lawyer will review your medical records and consult experts to identify any instances of negligence.
• You need to demonstrate causation (i.e., that the medical error was the cause of your injury).
• Finally, you must prove that the medical injury resulted in damages. 

It is important to note that not all mistakes or unfavourable outcomes are considered medical negligence. For a practitioner to be liable, the error must violate the standards of the medical profession.

Read More: How Do I Prove Medical Negligence?

How Serious Is Medical Negligence?

Medical negligence can have very serious consequences for patients. UNSW Sydney found that approximately 50,000 people in Australia are seriously injured and 18,000 people are killed each year as a result of medical errors.

Given the terrible consequences involved, providers need to be held accountable when patients are harmed because of their negligence. This is easier said than done, unfortunately, as doctors and other practitioners aggressively dispute these claims and insurance companies try to avoid medical negligence payouts whenever possible. Having a skilled personal injury lawyer represent you is critical, especially if you were seriously injured or a member of your family has died.

How Are Medical Negligence Payouts Calculated?

The compensation you are due for a medical negligence-related injury depends on the specifics of your situation. Important factors that go into calculating a payout include:

• Age and life expectancy
• The type of injury
• How serious the injury is, including whether it has led to permanent impairment
• Your earnings prior to the injury
• Whether you have the capacity for work after being injured
• Your ability to live independently and care for yourself
• The impact on your dependants, including loss of financial support, household services, etc.

Insurers will try to pay less than you deserve. At Henry Carus + Associates, we believe You Deserve More. Our specialist lawyers can advocate for maximum compensation on your behalf, representing you in settlement negotiations and—if necessary—at trial.

Potential Entitlements for Medical Negligence

There are two categories of damages that you can pursue in a medical negligence claim: economic loss and non-economic loss. Below, we explore what is included in these damages and the criteria you need to meet for obtaining full compensation.

Economic Damages

Damages that may be recovered for economic loss include:

• Loss of earnings to date
• Deprivation or impairment of earning capacity
• The cost of medical treatment, supports, and equipment
• Attendant care services, including domestic assistance, nursing, and more
• Travel expenses for medical care
• Loss of capacity to care for dependants

In Victoria, the Wrongs Act 1958 is the legislation governing common law claims for personal injury. The Wrongs Act limits compensation for loss of past and future earnings to ‘3 times the amount of average weekly earnings’ (as determined by the Australian Statistician).

Non-Economic Damages

Common law damages that may be recovered for non-economic loss in a personal injury claim in Victoria include:

• Pain and suffering
• Loss of amenities of life
• The loss of enjoyment of life

The maximum compensation available for non-economic loss is $577,050. Furthermore, non-economic damages may only be recovered if the claimant suffers a ‘significant injury’.

A significant injury is defined as a physical injury resulting in permanent impairment greater than 5%. Spinal injuries are considered significant if the degree of impairment is 5% or higher, while the minimum threshold for psychological injuries is 10%.

Impairment is assessed by approved medical practitioners in accordance with procedures specified by the Wrongs Act. A knowledgeable medical negligence lawyer can help you navigate the process of impairment assessments and lodging a claim for non-economic damages.

What Percentage of Medical Negligence Claims Are Successful?

The percentage of successful medical negligence claims in Victoria is difficult to determine with any degree of accuracy. According to a report on medical indemnity claims by the Australian Institute of Health and Welfare, approximately 59% of claims were discontinued after their commencement. Legal matters may be discontinued when an out-of-court settlement is reached, but the report doesn’t specify whether the outcome was favourable for the claimant.

A further 35% of claims were settled through the state’s complaints process, by compulsory settlement conferences, or via alternative dispute resolution. This same report notes that no medical negligence claims were resolved via court decision, meaning the likelihood of going to trial is quite low.

These data were released a decade ago, making them an unreliable indicator of how often patients receive medical negligence payouts. Instead of relying on averages or outdated information, it is in your best interest to consult a qualified lawyer about how much your claim may be worth and the likelihood of success.

Get Help with Your Medical Negligence Claim

Some patients are entitled to tens of thousands of dollars, others recover hundreds of thousands of dollars, while others obtain a million dollars or more for injuries due to medical negligence. The wide-ranging results and complexity of these claims illustrate the importance of speaking to an experienced medical negligence lawyer as soon as possible.

At Henry Carus + Associates, we handle claims on a No Win – No Fee basis. Your initial consultation is FREE, we shoulder all costs while the matter is pending, and you only have to pay a fee if you receive a medical negligence payout.

To get started, call Henry Carus + Associates at 03 9001 1318. Our firm has multiple offices in and around Greater Melbourne serving all of Victoria.

The post What’s the Average Medical Negligence Payout? appeared first on Henry Carus + Associates.

But what if the thought process used by medical professionals to prescribe drugs is flawed, resulting in widespread overprescription and overmedication? At Henry Carus + Associates, we often see clients who are overprescribed medications with very serious side effects. Our lawyers are prepared to argue that injuries caused by overprescription are the result of medical negligence.

Has someone prescribed you a combination of drugs that just don’t work? Did you or someone you love suffer harm due to overprescription or overmedication? Call Henry Carus + Associates at 03 9001 1318 today for a FREE, no-obligation consultation. Our medication error lawyers serve clients in Melbourne and throughout VIC.

The Devastating Toll of Overprescription

Research published by the Brownstone Institute paints a dire picture of overmedication, boldly citing prescription drugs as the leading cause of death in the United States. Although the statistics are focussed on the United States, the article identifies a number of serious issues that also apply to the communities of Victoria and Australia as a whole:

• Patients are often prescribed multiple drugs with little concern for interactions or contraindications.
• Deaths from prescription drugs are underreported, especially when they occur outside of a hospital or other clinical setting.
• Hospitals, coroners, and pathologists frequently misclassify deaths that may be linked to adverse drug events or fail to consider the potential role of prescription medications.
• Psychiatric drugs (including neuroleptics, benzodiazepines, and depression drugs) are especially dangerous, particularly in elderly patients.
  • The Brownstone Institute states that psychiatric drugs are the third leading cause of U.S. deaths.
• Drug trials are frequently rushed and biased, with medications going to market with an inadequate understanding of long-term adverse effects.

Prescription drug deaths are largely preventable. This includes both fatal adverse events and accidental deaths due to medication side effects (such as falls, motor vehicle accidents, etc.).

What Are the Problems With Overmedication?

Medical practitioners have a duty to carefully evaluate each patient’s medical history, consider potential risks and benefits of medications, and regularly review and adjust treatment plans as necessary. When they fail in this duty, the consequences can be catastrophic.

Serious problems associated with overmedication include:

• Adverse reactions: Taking too many medications can increase the risk of adverse drug reactions. Different medications may interact with each other in unpredictable ways, leading to side effects that can range from mild discomfort to serious health complications.
• Polypharmacy: This term refers to the simultaneous use of multiple medications by a single individual. Polypharmacy can increase the risk of medication errors, drug interactions, and non-adherence to treatment plans.
• Drug interactions: When multiple medications are taken together, there is a higher likelihood of drug interactions. Some drugs can interfere with the absorption, metabolism, or elimination of others, potentially reducing their effectiveness or increasing their toxicity.
• Reduced quality of life: Side effects from medications can significantly impact a person’s quality of life, leading to symptoms such as fatigue, dizziness, nausea, and cognitive impairment (to name only a few). This can affect patients’ ability to perform daily activities and may decrease overall well-being.
• Dependency and addiction: Some medications, particularly those with addictive potential such as opioids or benzodiazepines, can lead to dependency or addiction if used excessively or for prolonged periods.
• Masking underlying issues: Overmedication may mask underlying health issues by treating symptoms rather than addressing the root cause of the problem. This can delay proper diagnosis and treatment of underlying conditions.

The effects of overmedication need to be taken seriously. Seemingly minor symptoms (such as dizziness or fatigue) can have disastrous repercussions. Examples include loss of balance and equilibrium (which increase the risk of a fall), drowsiness and confusion (which can lead to a road accident), and other issues that can result in accidental injury—or even death.

Why Do Doctors Overprescribe?

Doctors and other medical practitioners may overprescribe medications for several different reasons:

• Limited time for patient consultations: In busy healthcare settings, doctors may have limited time to fully assess patients’ medical history, symptoms, and needs. As a result, they may resort to prescribing medications as a quick solution without thoroughly exploring alternative treatments or lifestyle modifications.
• Financial incentives: Pharmaceutical companies often provide doctors with incentives or bonuses based on the number of prescriptions they write, or the revenue generated from pharmaceutical sales. This can create a conflict of interest and incentivise overprescribing.
• Limited access to non-pharmaceutical treatments: Access to non-pharmacological treatments such as counselling, physical therapy, alternative therapies, etc. may be limited or unavailable in certain areas. In such cases, doctors may rely more heavily on medications as the primary treatment option.
• Diagnostic uncertainty: Diagnosing medical conditions can be complex, and doctors may sometimes prescribe medications based on their best clinical judgement—even in the absence of a definitive diagnosis. This approach, known as empirical treatment, is sometimes necessary but can result in overprescribing if not carefully monitored.
• Fear of litigation: Doctors may prescribe medications defensively to avoid potential lawsuits. This can lead to overprescribing to reassure patients or to mitigate perceived legal risks.

These are systemic issues that will require concerted effort on the part of the medical establishment to overcome. In the meantime, patients need to be vigilant about their care and advocate for themselves to avoid overmedication.

How Do You Handle Medication Errors?

More and more people are becoming concerned about the overuse of prescription drugs and errors in prescribing and dispensing medication. If you share these concerns, it is imperative that you speak up.

‘You have a right to take an active role in your health care, and to participate in decisions about your treatment. You have the right to refuse treatment…’

– Australian Charter of Healthcare Rights in Victoria

The right to refuse treatment includes the right to decline medication and explore suitable alternatives. Doctors are required to respect your beliefs and preferences, as well as provide you with ‘clear, understandable information’ regarding ‘treatment options, expected outcomes, [and] side effects’. You also have the right to get a second opinion.

How a Lawyer Can Help

Whether you suffered an adverse drug event or were injured due to effects that may have been attributable to medications you were taking, it is important to consider your legal rights as well. Henry Carus + Associates are leading the way in personal injury litigation around issues of overprescription and overmedication.

Proving that overprescription or overmedication represents medical negligence can be extremely difficult, especially when writing a prescription is often considered the ‘first-line treatment’ for just about any medical complaint. Our expert lawyers will review your medical records, prescriptions, and other documentation to determine if a healthcare practitioner was negligent in prescribing you one or more medications.

Establishing the ‘duty of care’ is the first element of a medical negligence claim. The ‘duty of care’ refers to a practitioner’s obligation to abide by certain standards to avoid causing harm to a patient.

Our lawyers can seek out all necessary evidence to argue that your doctor failed to uphold the standard of care and overmedicated you as a result. Common examples of medication errors that can lead to overprescription include:

• Inadequate review of current medications
• Prescribing medications that interact negatively with each other, leading to adverse effects
• Failure to inform patients of potential side effects
• Neglecting or ignoring contraindications (i.e., medical conditions, allergies, current treatment regimen, and other circumstances where a medication should not be used)
• Prescribing medications to manage symptoms without addressing the underlying condition
• Monitoring errors (i.e., neglecting to monitor patients for signs of adverse reactions to medications)

Read More: How Do I Prove Medical Negligence?

Fighting for Victims of Overprescription, Overmedication, & Medication Errors

The underreporting of prescription drug deaths is an egregious violation of the public’s trust. With so many people taking over-the-counter and prescription medications, the rate of adverse events, related injuries, and fatalities is cause for alarm.

If you or someone you love has been harmed by overprescription, we encourage you to contact Henry Carus + Associates as soon as possible. Our team is at the forefront of complex personal injury matters where overmedication is a factor, and we are committed to holding negligent healthcare providers, hospitals, and other parties in Melbourne and VIC accountable.

The post Overprescription & Overmedication: Major Problems with Potentially Deadly Results appeared first on Henry Carus + Associates.

Cosmetic surgery is a billion-dollar business in Australia. Unfortunately, research shows that Australian regulators have failed to keep pace with the cosmetic surgery boom. The lack of regulation puts patients in danger of complications and injuries at the hands of unqualified individuals performing cosmetic procedures in unsuitable environments.

Earlier this year, the Medical Board of Australia took steps to crack down on ‘cosmetic cowboys’ and bad practices within the cosmetic surgery industry by releasing new guidelines for medical practitioners. These guidelines aim to protect the public and set standards for who can perform cosmetic surgery and non-surgical cosmetic procedures, pre-screening requirements for patients, and more.

While we hope the new guidelines will reduce the incidence of cosmetic surgery injury, even qualified practitioners can commit errors resulting in serious harm. Call Henry Carus + Associates at 03 9001 1318 today if you suffered injury due to cosmetic or plastic surgery negligence.

What Is Cosmetic Surgery?

The Medical Board of Australia defines cosmetic surgery as follows:

‘Cosmetic surgery and procedures are operations and other procedures that revise or change the appearance, colour, texture, structure or position of normal bodily features with the dominant purpose of achieving what the patient perceives to be a more desirable appearance.’

Cosmetic surgery is distinct from plastic surgery, which is generally performed to reconstruct a body part damaged by disease or injury. Examples of cosmetic surgery procedures commonly performed in Australia include:

• Face lift
• Rhinoplasty (‘nose job’)
• Blepharoplasty (cosmetic eyelid surgery)
• Liposuction
• Breast augmentation
• Abdominoplasty (‘tummy tuck’)
• Brachioplasty (cosmetic ‘arm lift’ surgery)
• Cosmetic genital surgery

The difference between cosmetic surgery and non-surgical cosmetic procedures centres on whether cutting is done beneath the skin. According to the Medical Board of Australia:

‘Non-surgical cosmetic procedures do not involve cutting beneath the skin but may involve piercing the skin.’

Examples of popular non-surgical cosmetic procedures include:

• Botulinum toxin injections (e.g., Botox)
• Dermal fillers
• Laser hair removal and skin resurfacing
• Cryolipolysis (fat freezing)
• Hair transplants

Just because a procedure doesn’t involve cutting beneath the skin doesn’t make it safer. For example, there are multiple reports of patients who suffered irreversible damage to their skin and eyes due to technician errors whilst operating medical lasers for cosmetic and other procedures.

What Is a Cosmetic Surgery Injury?

All medical procedures—surgical or otherwise—carry risks. Doctors and other practitioners have a duty to ensure patients understand these risks and provide informed consent to move ahead with the procedure.

In addition to common risks such as bleeding and infection, cosmetic procedures may also fail to meet the patient’s expectations for the change in their appearance. While unfortunate, it is important to note that dissatisfaction with results does not necessarily mean that the surgeon or practitioner failed to do his or her job.

Rather, a cosmetic surgery injury refers to avoidable injuries that occur due to negligence on the part of a medical practitioner. Examples include:

• Disfigurement and excess scarring
• Nerve damage resulting in loss of function or mobility
• Vision loss and blindness
• Heart attack or stroke due to anaesthesia errors
• Damage to internal organs
• Injury or infection due to a foreign object being left inside the patient
• Undiagnosed or unmanaged post-operative infection

Some injuries are immediately obvious, while others may develop over time. It is important to speak to a knowledgeable lawyer as soon as possible if you suffered a cosmetic surgery injury and believe medical negligence may have been a factor.

Are You Entitled to Compensation for a Cosmetic Surgery Injury?

Injuries caused by cosmetic surgery errors may be compensable under medical negligence law. In Victoria, matters involving medical negligence are brought as common law personal injury claims.

To recover compensation for a cosmetic surgery injury, you must prove the following:

1. The cosmetic surgeon or practitioner owed you a duty of care. In other words, you were or are a patient of the practitioner and were therefore entitled to the standard of care a similarly qualified practitioner would owe a patient under similar circumstances.
2. The duty of care was violated. Specific evidence of negligence on the part of the defendant must be presented to show that the practitioner failed to act in accordance with the standards commonly held by the medical community.
3. The negligence caused your injuries. Although it might seem like a given that an avoidable error during cosmetic surgery or a cosmetic procedure caused you harm, causation can actually be difficult to prove in medical negligence claims. Strong evidence and expert testimony is required.
4. You sustained damages. Additional evidence must be presented of the losses you have suffered as a result of the cosmetic surgery injury.

If all of these elements are met, you may be entitled to compensation for economic damages such as medical expenses, lost wages, etc. You may also have a claim for non-economic loss (such as pain and suffering, loss of enjoyment of life, etc.), but you must show that you meet the criteria set forth in the Wrongs Act 1958 – Sect 28LE.

Often, compensation for a cosmetic surgery injury may be obtained through settlement negotiations. However, if a settlement cannot be reached, your lawyer can discuss the possibility of taking the matter to court.

Cosmetic Surgery Injury? Henry Carus + Associates Can Help!

The new regulations on cosmetic surgery and non-cosmetic procedures are a step in the right direction when it comes to keeping patients safe and publicising the risks of these procedures. However, we believe the guidelines don’t go far enough. Most troubling is the fact that any medical practitioner can perform cosmetic surgery so long as they have ‘the appropriate knowledge, training and experience’.

It is our opinion that such a vague standard makes errors on the part of practitioners much more difficult to avoid. This increases the risk of injury to patients undergoing cosmetic surgery and non-surgical procedures.

Contact Henry Carus + Associates for a FREE, no-obligation consultation if you or someone you love suffered a cosmetic surgery injury due to the negligence of a medical practitioner. Our lawyers serve clients in Melbourne and throughout VIC.

The post Can I Sue for Cosmetic Surgery Injury? appeared first on Henry Carus + Associates.

Medical errors can be difficult to identify. This is especially true when the patient is a child, as children may struggle to communicate their symptoms.

If you suspect that your child has been harmed as a result of negligent medical care, you should speak to a knowledgeable lawyer as soon as possible. The medical negligence lawyers at Henry Carus + Associates have an in-depth understanding of the complexities involved in child medical injuries. We will fight for the full compensation you and your family deserve.

Diagnostic Errors

Errors in diagnosis are the number-one type of medical negligence that affects children across age groups. These errors can take multiple forms, including:

• Misdiagnosis
• Delayed diagnosis
• Failure to diagnose

In recent years here in Australia, the failure of medical practitioners to recognise the early warning signs of septicaemia in children has led to devastating consequences, including progression of that condition to overwhelming sepsis (which can lead to death) or the requirement for ICU treatment and other consequences.

Another example of a condition frequently misdiagnosed in children is meningococcal disease.  If this condition is not treated early, the consequences can be devastating.

In the paediatric population, early diagnosis and treatment of a potentially life-threatening condition is absolutely critical. Children are small and less resilient. Often, the window of time in which a condition can be successfully treated is shorter than in the adult population.

Obstetric Errors

Obstetrics is the medical specialty devoted to labour, delivery and childbirth. Although diagnostic errors account for the majority of medical negligence claims for children as a whole, obstetricians are the physicians who face the most claims.

Most obstetric negligence claims centre on birth injuries. Children can suffer birth injuries during the course of the mother’s pregnancy, during labour and delivery and after being born. Some of the most common errors that give rise to birth injury claims include:

• Failure to screen for maternal health issues
• Oxygen deprivation
• Misuse of forceps and vacuum extraction equipment
• Failure to monitor the foetus during labour
• Delay in alleviating foetal distress
• Incorrect use of drugs to induce labour

The impact of a birth injury on a child can be immense. Families may be entitled to significant compensation for the lifetime costs associated with cerebral palsy and other serious birth injuries.

Surgical Errors

All surgeries have some degree of risk. For parents, the thought of a child needing surgery is especially frightening.

Surgical errors can take many different forms. Regardless of the age of the patient, the following forms of negligence can be particularly devastating:

• Unnecessary surgical procedures
• Performing the wrong surgical procedure for the patient’s complaint
• Damaging nearby organs, blood vessels, nerves, etc.
• Leaving foreign objects (sponges, surgical equipment, etc.) inside the patient
• Operating on the wrong part of the body (wrong site surgery)
• Anaesthesia errors
• Performing surgery on the wrong patient
• Failure to monitor the patient during and after surgery

Errors during surgery may arise due to multiple issues. Miscommunication, fatigue, impairment and even lack of qualifications and experience can lead to serious surgical errors that can affect children for the rest of their lives.

Negligent Medical Treatment

From annual checkups to emergency room visits, medical care is a regular part of any child’s life. Unfortunately, the majority of medical negligence claims involving children originate in (a) a doctor’s office or clinic or (b) the emergency department.

Missed, delayed or incorrect diagnosis account for many errors committed by general practitioners, specialist doctors and emergency medical personnel. Other errors involve delay or failure to treat injuries and serious medical conditions.

A claim for negligent medical treatment of a child may involve:

• Paediatric negligence
• Orthopaedic negligence
• Emergency room and hospital negligence
• Psychiatric negligence
• Dental negligence

You may also have a viable medical negligence claim if a medical professional failed to warn you of the risks associated with a medication or course of treatment for your child. This is especially true if your child suffers from undisclosed complications related to a procedure which results in delayed care.

Medication Errors

Errors in the prescription and distribution of medications can have serious adverse effects for children. Some of the most common issues associated with paediatric medication errors include:

• Medical professionals prescribing the wrong medication
• Failure to adjust the dose for a younger patient’s age and weight
• Pharmaceutical errors in filling and dispensing medications
• Failure to account for known drug allergies

Medication errors are 100% preventable when doctors, pharmacists and other medical professionals exercise the appropriate care in prescribing and dispensing medications. When they fail in these duties, children can suffer adverse reactions and other serious issues as a result of medical negligence.

How Do I Prove My Child Was Injured by Medical Negligence?

To bring a medical negligence claim, you need to prove that the medical professional(s) involved in your child’s care failed to take the steps a similarly qualified professional would have taken under the same circumstances. Unfortunately, this is no small task.

Opinions within the medical profession on the standard of care can vary widely. What’s more, the peer professional opinion defence provides medical professionals in Victoria with a significant degree of protection when they are sued for medical negligence (see Wrongs Act 1958 s 59).

Read More: What Is the Duty of Care in Medical Negligence Claims?

You need an experienced medical negligence lawyer with expert knowledge of the applicable standard of care in your child’s case. The lawyer you choose should also have strong relationships with relevant medical experts who can evaluate the evidence and testify as to how the doctor or other professional deviated from the accepted standard of care.

Contact a Medical Negligence Lawyer Today

Medical negligence claims are always complicated. When the victim is a child, however, the challenges become even greater.

In addition to the enormous mental and emotional toll of a childhood medical injury, families are often unaware of the financial impact medical negligence can have over the course of a child’s life. It is imperative not to settle for less than you deserve for the economic and non-economic damages your child and your family as a whole are facing now and are likely to face in the future.

Please call Henry Carus + Associates at 03 9001 1318 today for a free, no-obligation consultation. Our medical negligence lawyers serve clients in Melbourne and throughout VIC.

The post What Types of Medical Negligence Affect Children the Most? appeared first on Henry Carus + Associates.

One of the key components of proving negligence is establishing that the defendant owed the plaintiff (i.e., the injured person) a duty of care. Broadly speaking, the “duty of care” is the obligation to “take precautions against a risk of harm.” Specifically, Part X, Division 2 of the Wrongs Act describes a breach of the duty of care as follows:

• The individual at fault did not take precautions against foreseeable risks
• The risks involved were “not insignificant” (i.e., the risks were not “far-fetched or fanciful”)
• A reasonable person in the same situation would have taken the necessary precautions to avoid harm

Doctors and other medical professionals are bound by a duty of care, meaning that they are required to act in accordance with standards of care required in Australia. There is a certain level of care that Australians are entitled to receive from doctors and healthcare workers. If the care that a patient receives falls below that standard, the care provided is considered to be negligent. When medical professionals fail in this duty to meet the standard of care, patients can pursue compensation through a medical negligence claim.

Did a Healthcare Provider Owe You a Duty of Care?

The first step in building a medical negligence claim is determining whether your doctor and/or another healthcare practitioner owed you a duty of care. Generally, this condition is satisfied by proving that you were a patient of the provider in question. Evidence that can help establish the duty owed to you includes:

• Intake or admission forms
• Letters from the doctor and/or the office staff
• Bills
• Insurance statements

Both individual practitioners and their employers (such as hospitals, surgical centres, etc.) can be held liable for medical negligence. If you or a loved one suffered harm as a result of substandard care in a hospital or other facility, you should keep all relevant documents showing the date, time, and nature of your treatment. The hospital may be liable for the negligence of its employees and/or negligence in operations and administration.

What Is Medical Negligence in Relation to the Duty of Care?

When a professional has a duty to a patient, he or she is required to uphold the standard of care expected of that profession. This requirement extends to those in the medical field.

According to the Wrongs Act Part X, Division 5, Section 58 (Negligence of professionals and persons professing particular skills), the standard of care is determined according to the following factors:

• “[W]hat could reasonably be expected of a person possessing that skill”
  AND
• “[T]he relevant circumstances as at the date of the alleged negligence and not a later date”

In other words, the standard of care that one might expect from a junior medical doctor or a general practitioner may be lower than the standard of care that you may expect from a specialist doctor working in a big metropolitan hospital.

Peer Professional Opinion Defence

Section 59 of the Wrongs Act 1958 states that a health professional is not negligent and did act in accordance with the requisite standard of care if they acted in a manner widely accepted by a significant number of respected practitioners in the field of medicine in the circumstances of the claim. Therefore, even if some medical professionals may be of the opinion that a certain practice fell below the standard of care, if a health professional can establish that a standard of care they provided was widely accepted in Australia at the time as competent professional practice in the circumstances of the particular situation, the standard of care had been met. The standard of care will have been met even if the group of practitioners who believe that the care was reasonable is not the majority; the only requirement is that they are a group and they are respected in their field.

Examples of a Breach in the Duty of Care

Previous claims Henry Carus + Associates have had include:

• Misdiagnosis and delayed diagnosis of serious illnesses
• Failure to order necessary tests based on a patient’s symptoms
• Failure of a doctor to follow up and check test results
• Not referring a patient to a specialist when necessary
• Surgical and anaesthesia errors
• Obstetric and delivery room errors resulting in birth injuries and maternal trauma
• Negligent post-operative monitoring and care
• Prescribing and dispensing the wrong medication
• Emergency room errors
• Performing an operation on the wrong spinal level or the wrong body part
• Failure to obtain the patient’s informed consent
• Misuse of medical equipment and technology

Whether or not these and other medical errors represent a breach of the duty of care will depend on the specific circumstances that led to your injuries.

The standard of care is an important element of your medical negligence claim. You must show that the medical provider deviated from the widely accepted course of action for his or her profession given the same situation.

For example, if a patient goes to the emergency room complaining of chest pains and the attending doctor does not order an electrocardiogram, this would likely be considered a failure to treat the patient in accordance with the reasonable standard of care required in Australia because they failed to arrange for the necessary precautionary tests. If the patient later suffers a heart attack, he and/or his family would likely have a viable medical negligence claim against the doctor who failed to order the necessary tests.

An obstetric example might be that a prudent and competent obstetrician is required to recognise the importance of monitoring a woman’s blood pressure and other vital signs during labour. If the doctor fails to diagnose a bleeding issue and the woman suffers a postpartum haemorrhage, the court would likely find that the obstetrician failed to uphold the standard of care.

Qualified, independent medical opinion is essential for proving the breach of duty and the standard of care. A knowledgeable medical negligence lawyer will consult with experts in the same field of medicine as the defendant in your claim to prove that the practitioner’s errors meet the legal standard for negligence and directly led to your injuries and damages.

Do You Have a Medical Negligence Claim?

Ultimately, four distinct elements must be proved for you to recover compensation for medical negligence:

1. Duty of Care
2. Breach of Duty
3. Causation
4. Damages

Medical negligence claims are complicated, and it is extremely difficult to prove these elements on your own. If you or a loved one came to harm and you suspect a medical error is to blame, we encourage you to contact Henry Carus + Associates as soon as possible.

Adverse events in healthcare frequently have serious consequences for patients. You should not have to bear the costs alone if you were injured or lost a loved one due to the negligence of a doctor or other medical professional.

The Henry Carus + Associates philosophy is You Deserve More. We consult medical experts and gather all relevant evidence to demonstrate the seriousness of your injuries. If you are entitled to compensation for non-economic damages due to a significant injury, our team will counsel you through the assessment of the degree of impairment process, referral of questions to a medical panel, and more.

Please contact Henry Carus + Associates by calling 03 9001 1318 today for a free, no-obligation consultation. Our medical negligence lawyers serve clients in Melbourne and throughout VIC.

The post What Is the Duty of Care in Medical Negligence Claims? appeared first on Henry Carus + Associates.

Parents trust doctors and medical professionals to provide appropriate care for children as they grow. Unfortunately, medical negligence during infancy, childhood, and adolescence can have adverse effects on a child’s well-being, resulting in injuries that can impact their life short-term and long-term.

If your child suffered injury as a result of medical negligence, Henry Carus + Associates can help. Our lawyers have extensive experience navigating the complex nature of these claims, including gathering compelling evidence of the future expenses and hardships facing children after they have been harmed by a medical error.

What Types of Medical Negligence Affect Children?

Children are at risk for many of the same medical errors as adults. The principle difference is that when something goes wrong, the results can not only be catastrophic but they can affect a much larger portion of the victim’s life.

Some of the most common types of medical negligence claims involving children include:

• Birth injury claims arising from negligent medical care before, during, and after the child is born
• Paediatric negligence (generally involving the failure to diagnose and treat a serious illness or injury)
• Emergency room negligence (e.g., misdiagnosis, delayed diagnosis and care, etc.)
• Surgical errors and anaesthesia errors
• Medication and pharmacy errors

Even seemingly minor complaints can lead to long-term or permanent damage if the child’s case is mishandled. For example, parents often take their kids to the doctor or emergency room for symptoms such as fever, vomiting, lethargy, and/or laboured breathing. These symptoms may be indicative of a variety of conditions – from influenza to meningitis or septicaemia.

Doctors may assume that common symptoms mean a common condition. However, without prompt examination and thorough testing to rule it out, something much more serious (like meningitis or septicaemia) may otherwise go undiagnosed and untreated.

For example, it is not uncommon for young children with meningitis to be misdiagnosed with the flu. Unfortunately, this error can lead to permanent brain damage, paralysis, and other serious complications.

Undiagnosed sepsis can lead to organ shutdown and emergency measures like amputation and ICU care. Children can die from undiagnosed and untreated sepsis, but – if it is treated early – children will make a full and fast recovery.

Why You Need a Lawyer If Your Child Was Injured by Medical Negligence

Medical negligence claims are always complicated. However, when the victim is a child, obtaining fair compensation can be even more challenging.

Children have their whole lives ahead of them. When they are injured as a result of negligent medical care, it is important to account not only for the current damages (such as medical expenses, the child’s pain and suffering, etc.) but the losses that will arise in the future.

The lawyer you choose needs to understand how injuries develop over a lifetime as your child grows and becomes an adult. This understanding is critical for achieving the full compensation entitlement possible.

Many lawyers and law firms lack the knowledge and experience to get these claims right. At Henry Carus + Associates, we dedicate a significant portion of our medical negligence practice to representing children and their families.

Example: Hiring the Right Lawyer Can Make a Difference

Henry Carus + Associates recently handled a claim where a child developed scoliosis in the thoracic and thoracolumbar spine as a result of medical negligence. We made a claim for treatment not only of the scoliosis but also for fusion surgery to the lumbar spine in 20 years’ time.

Our team obtained evidence to prove that the scoliosis in the thoracic spine would place increased stress on the joints of the lumbar spine. This, in turn, would predispose the lumbar spine to injury and problems in adulthood, necessitating fusion surgery when the child is an adult.

View Our Success Stories

Most lawyers would only focus on recovering compensation for treatment of the scoliosis. They likely wouldn’t understand that the fusion surgery would be necessary in 20 years, nor would they know how to collect the evidence to prove it.

Without this advanced knowledge, families are deprived of the ability to obtain full compensation for the current and future damages they may be entitled to for a medical injury to their child. At Henry Carus + Associates, we delve into your child’s medical records and consult experts to assess the full impact of negligent care – both at present and in the future.

Discuss Your Claim with a Medical Negligence Lawyer

No parent wants their child to come to harm. And, when they take their children to the doctor, they have a right to expect that medical care will improve their child’s health, not make it worse.

If your child has been injured by medical negligence, it is crucial to seek qualified legal guidance as soon as possible. Henry Carus + Associates have unparalleled experience handling medical negligence claims, including those involving children.

True to the Henry Carus + Associates philosophy of You Deserve More, our Medical Negligence Practice Group assesses all of your options for recovering damages. This is particularly important in cases involving children, as the victims and their families may face burdens that can last a lifetime.

Please call Henry Carus + Associates at 03 9001 1318 today for a free, no-obligation consultation. Our medical negligence lawyers serve clients in Melbourne and throughout VIC.

The post How Medical Negligence Can Affect Children appeared first on Henry Carus + Associates.

Qualifying for bariatric surgery can take up to a year or longer. Bariatric surgeons will generally work closely with candidates to ensure they meet the requirements for the surgery to be performed safely. Frequently, patients have to lose an enormous amount of weight – often 10 to 20 kgs – for the operation to be performed safely. They also need to learn about the changes to their digestive system that will occur after the surgery and be prepared for this, both physically and mentally.

Unfortunately, even if patients reach a safe weight ahead of the operation, bariatric procedures are risky. The patients who have them are often generally unwell, with other comorbidities such as diabetes, hypertension, and general deconditioning.

We have helped several people get compensation following a delay in diagnosing and treating a leak after the bariatric procedure. This frequently occurs at the anastomosis, or where the digestive tract has been modified. A leak will mean that food contents leak into the person’s abdomen. If this complication is not picked and treated straight away, people can suffer life-threatening sepsis and serious and permanent injuries. They may even die.

If you or a loved one suffered adverse effects from bariatric surgery, you may be able to recover compensation through a medical negligence claim. Please contact Henry Carus + Associates today for a free, no-obligation consultation.

Common Bariatric Surgery Complications

Post-operative monitoring and management are essential for successful bariatric surgery outcomes. Doctors and other medical staff must stay vigilant for early complications such as:

• Leak at the surgical anastomosis
• Infection at the surgical site
• Haemorrhage and excess blood loss
• Bad reaction to anaesthesia, which can lead to trouble breathing during surgery and afterwards
• Fistulae (openings and leakage in the stomach and/or bowel)

The risk of serious complications continues as patients recover from bariatric surgery and resume their normal routines. Over time, patients may experience:

• Obstruction of the bowel
• Acid reflux
• Low blood sugar levels (hypoglycemia)
• Hernia
• Malnutrition
• “Dumping syndrome” – patients with this condition may experience nausea, vomiting, diarrhea, abdominal cramps, and other symptoms within the first few hours of finishing a meal

Some of these complications are chronic health issues, while others are medical emergencies. In the event that a complication is not diagnosed and treated in time, the patient may suffer severe physical and/or psychological injury.

When Do Bariatric Surgery Complications Constitute Medical Negligence?

All surgeries carry risks, and bariatric surgery is no exception. Though errors can occur during the procedure itself, we see more serious injuries arise from negligent handling of these complications. If many of these complications are identified and addressed early, they can be successfully treated.

Errors on the part of multiple providers could constitute bariatric surgery negligence. Potential scenarios include:

• The bariatric surgeon fails to advise the patient of potential complications and when to seek emergency medical care
• Emergency department staff discharge the patient too early – often before the patient has received sufficient care for the complication
• Delayed treatment by emergency department staff who fail to recognise the seriousness of the patient’s condition
• Failure to communicate between the emergency department and the bariatric surgeon who performed the operation

Timely intervention is critical for any type of surgical complication. Unfortunately, when patients aren’t informed of the signs to watch out for, when medical professionals fail to communicate, and when diagnosis and treatment are delayed, serious and even fatal injury may befall bariatric patients.

Proving negligence on the part of one or more healthcare providers is difficult. Hiring a lawyer is crucial for establishing your right to compensation.

The nature of your losses and the severity of your injuries will determine how much compensation you may be due. You may be entitled to recovery of damages such as the cost of treating the complications, revision bariatric surgery, etc., as well as lost wages, loss of earning capacity, pain and suffering, and more.

Contact a Bariatric Surgery Negligence Lawyer Today

At Henry Carus + Associates, we have seen how errors during and after bariatric surgery can lead to devastating consequences for patients and their families. It is in your best interest to speak to a lawyer as soon as possible if you suffered harm due to a surgical error or other medical negligence related to gastric bypass, lap band, gastric sleeve, or another weight loss procedure.

We believe that You Deserve More. When you hire Henry Carus + Associates, you will have a dedicated team to support you, guide you, and advocate for you at each stage of your claim.

Please call Henry Carus + Associates at 03 9001 1318 today for a free, no-obligation consultation. Our lawyers handle medical negligence claims involving bariatric surgery throughout Melbourne and all of VIC.

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