Medical negligence occurs when a healthcare professional fails to provide the standard of care expected in their field, resulting in harm to the patient. To establish medical negligence in Victoria, you must demonstrate that:

• The healthcare provider owed you a duty of care.
• There was a breach of that duty.
• The breach caused you harm or loss.
• The harm or loss is significant.

In Victoria, the Limitation of Actions Act 1958 prescribes the period within which a claim must be lodged before the court. A legally competent adult must commence proceedings within three years from the date they became aware of the loss or harm they have suffered. In some circumstances, a longer period may apply. It's crucial to seek legal advice promptly to ensure compliance with these time limits.

If negligence is proven, you may seek compensation for:

• Special damages: Quantifiable economic losses such as medical and hospital charges, rehabilitation costs, special equipment, travel and accommodation expenses, loss of income, and legal costs.
• General damages: Non-economic losses including pain and suffering, disfigurement, loss of future earning capacity, and loss of enjoyment of life.

In Victoria, to receive compensation for non-economic loss (general damages), you need to show that you have a 'significant injury.' A significant injury is one that results in a whole person impairment of:

• More than 5% for physical injuries (other than spinal injury);
• 10% or more for psychiatric injuries; or
• 5% or more for spinal injury.

An assessment of the degree of impairment must be made by an approved medical examiner.

To establish causation, you must demonstrate that the healthcare provider's breach of duty directly caused your injury or loss. This requires showing that, on the balance of probabilities, the harm would not have occurred 'but for' the provider's negligence. Medical expert testimony is often essential in proving this link.

Yes, compensation can be sought for psychological or psychiatric injuries resulting from medical negligence. To qualify, the injury must be significant, typically requiring a whole person impairment of 10% or more. An approved medical examiner must assess and certify the degree of impairment.

If you believe you've been a victim of medical negligence, consider the following steps:

1. Seek immediate medical attention to address any health concerns.
2. Obtain your medical records for detailed information about your treatment.
3. Consult a legal professional experienced in medical negligence to evaluate your case.
4. Document your experience, including symptoms, communications, and any financial losses incurred.

Yes, there are statutory caps on certain damages in Victoria. As of July 2023:

• Pain and suffering (non-economic loss): Maximum of $741,000.
• Economic loss: Maximum of $4,200.30 per week.

These caps are subject to periodic adjustments, so it's advisable to consult legal counsel for current figures.

The HCC assists individuals in resolving complaints about healthcare services in Victoria. While the HCC can facilitate resolutions, including financial payments through complaints resolution and conciliation, it does not have the authority to award compensation. For compensation claims, legal proceedings are necessary.

Yes, if a family member has died due to medical negligence, certain relatives may be entitled to claim compensation for their loss. This can include claims for loss of financial support, funeral expenses, and compensation for the emotional impact. Legal advice is essential to understand eligibility and the scope of such claims.