Steps you may wish to take if you are a victim of a medical negligence claim

The consequence of an unfortunate event occurring due to a doctor’s negligence can be severe and at times, the injury can be long-term. What can you do if you have suffered injury as a result of a doctor’s action during a medical treatment? Potentially, you may have a claim to an action in tort against the doctor (i.e. medical negligence).

If you are facing a potential medical negligence issue against your doctor, you should seek legal advice as soon as possible because such a claim is only valid for a period of 3 years after the day you have knowledge of the injury which was caused by the potential breach.

In a nutshell, medical negligence or medical malpractice, occurs when a healthcare professional fails to provide the standard of care expected of them, resulting in harm or injury to the patient. Examples of medical negligence include misdiagnosis / wrong diagnosis, delayed diagnosis, surgical errors, medication errors, and failure to obtain informed consent from the patient. Medical negligence can occur in any healthcare setting, including hospitals, clinics, and nursing homes.

We recognise that medical negligence is a serious issue. Often, the impact is vast with severe consequences for the affected patients such as:

  1. Physical injuries, such as infections, scars, the need for further surgery, amputations, or organ damage;
  2. Emotional distress, such as clinical depression, or post-traumatic stress disorder (PTSD);
  3. Financial losses, such as hefty medical bills, loss of income, or reduced earning capacity; and
  4. Loss of life, in severe cases.

If you are of the view that you are a victim of medical negligence, there are several steps that you might wish to take:

  1. Seek Medical Attention: If you have suffered harm or injury, seek medical attention immediately. Your health should always be a priority. Instead of returning to the same medical practitioner, you may consider seeking a second medical opinion from another medical practitioner.
  2. Gather Evidence: Collect all relevant medical records, documents, and bills related to the incident. Photographs of any injuries which were caused by the negligence are often also useful and should be taken upon realising the presence of an injury.
  3. Consult with a Lawyer: Consult with an experienced and suitable medical malpractice lawyer to discuss your legal options as soon as possible. Proper legal guidance is always recommended to ensure you do not unknowingly destroy useful evidence, compromise your position and/or tie yourself down to an unwanted position.
  4. File a Complaint: File a complaint with the appropriate healthcare institution, regulatory authority or licensing board.
  5. Seek Compensation: Seek the appropriate expertise and consider if this is a matter that has sufficient legal merits to pursue compensation for damages.

To succeed in an action against a doctor / hospital for medical negligence, you must establish that a doctor / hospital owes you a duty of care and that duty of care has been breached which caused your harm or injury.

At Jacque Law LLC, we have worked on many medical negligence cases, and have successfully assisted many of our clients in resolving their disputes amicably. We understand that it can be a complex situation, invoking much anxiety and stress onto the individuals involved, and would be happy to guide you on this.

Feeling uncertain about your case? Please feel free to contact us at 6280 7388 or drop us a WhatsApp at +65 8893 8428 to explore how we can best help you.