Hi there. If a person suffers an injury at the hands of a medical professional or facility, that person may be able to sue for negligence and be awarded compensation. For a medical negligence claim to succeed, it must be proven that: (a) the medical professional’s or facility’s treatment fell below the standard of care reasonably expected from that type of professional or facility, and (b) the treatment caused and directly resulted in injury. Not every person who suffers an injury will have a claim for medical negligence. A lot will depend on the seriousness of the injury, the conduct of the medical professional when compared to industry standards, and the circumstances in which the injury arose.

In your case, you would have to prove that the treatment by the doctors and hospital staff fell below the standard of care reasonably expected from doctors and hospital staff in their position. If they acted in a way considered to be acceptable in the opinion of a large number of respected medical professionals in that same field, then you may not have a claim. But if there is a successful claim for medical negligence, you may be entitled to compensation. Compensation would be calculated based on the injury suffered, and may include an amount to cover past and future medical costs as well as pain and suffering.

Another legal option available is to lodge a formal complaint about the hospital staff’s conduct. If it was a public hospital, you should contact the hospital where you were treated to discuss the matter. If it was a private hospital, you can lodge your complaint with the Health and Disability Services Complaints Office (www.hadsco.wa.gov.au or 1800 813 583) which offers a formal dispute resolution service.