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Medical Negligence - What compensation can I receive?

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In medical negligence matters, assuming you can establish your injuries were caused by negligent medical treatment, you may be entitled to claim compensation for:

  • your pain and suffering and loss of enjoyment of life;
  • past and future lost wages and income caused by the injury;
  • past and future cost of medical expenses and treatment arising from your injury.

In Victoria, where you are claiming compensation for your pain and suffering, there is a requirement that your injuries meet a significant injury test before you can obtain compensation.

A significant injury means either a permanent physical injury which is assessed at more than 5% whole person impairment under the American Medical Association Guides, or a permanent psychiatric injury which is assessed at more than 10% whole person impairment.

In situations where you are claiming compensation for your past and future loss of income and your past and future medical and like expenses, there is no requirement for you to meet a significant injury threshold, compensation can be received if you can prove that your injury was caused by negligent treatment.

For more information, or to arrange an obligation-free consultation with a lawyer, please call us on 1300 FEARLESS (1300 332 753).