This extract is taken from Australia's legal information and law firm referral service.
The law does not require that you receive perfect care. But the care you receive must be reasonable in all the circumstances. If your health care provider fails to take “reasonable care” then he or she (or in the case of a hospital, it) has breached his/her/its duty of care to you. Failing to take reasonable care, in circumstances where the health care provider could or should have foreseen that their actions could injure you, is Negligence.
To read the full information please click on the link: Here
Lara was this in response to a question? I am in Australia and have CES. I put in a claim against the Doctor and Hospital and won!! Mind you it took several years but I wonderful when it finished and it wasn't the money it was the fact that I had proven to myself that they had done the wrong thing by me when I was trying to get myself fixed. My legal reps wanted me to take it to a court hearing but I was not prepared to put myself through that. I will not go into too much detail obviously but if I can answer any questions that might help someone at any time I am happy to do so.
Lara was this in response to a question? I am in Australia and have CES. I put in a claim against the Doctor and Hospital and won!! Mind you it took several years but I wonderful when it finished and it wasn't the money it was the fact that I had proven to myself that they had done the wrong thing by me when I was trying to get myself fixed. My legal reps wanted me to take it to a court hearing but I was not prepared to put myself through that. I will not go into too much detail obviously but if I can answer any questions that might help someone at any time I am happy to do so.
pat...i have added the information as a guide to anyone who is looking for a starting point or wondering wether they have a possible claim. I have a negligence case against my doctors at the moment so this is an area i am very interested in.
I am so pleased to hear that you were successful with your legal action and i am sure that we will have members who will appreciate your offer of advice so thankyou
My pleasure Lara, and I wish you good luck with your current action. It is very hard with these when they take so long to finalise but it is worth the effort in the long run but very stressful during the process
My pleasure Lara, and I wish you good luck with your current action. It is very hard with these when they take so long to finalise but it is worth the effort in the long run but very stressful during the process
Thankyou pat ...im almost 3 years into it now so im getting there..slowly lol
Lara was this in response to a question? I am in Australia and have CES. I put in a claim against the Doctor and Hospital and won!! Mind you it took several years but I wonderful when it finished and it wasn't the money it was the fact that I had proven to myself that they had done the wrong thing by me when I was trying to get myself fixed. My legal reps wanted me to take it to a court hearing but I was not prepared to put myself through that. I will not go into too much detail obviously but if I can answer any questions that might help someone at any time I am happy to do so.