Hoffmans Barristers and Solicitors

Medical Negligence

Hoffmans has successfully handled hundreds of medical negligence cases. It is an area of practice that we pride ourselves in. We will assess your case and uncover the technical side of it for you in order to prove that the defendant's conduct fell below expected standards. We will spend the time needed to put together the evidence and understand the issues in order to win.

Medical Conditions

Do I have a medical negligence claim?

Hoffmans will have to find out the facts of your case to assess if the medical practitioner who provided the service met the standards required of his/her profession.

The duty of care as defined by The High Court of Australia:

"The law imposes on a medical practitioner a duty to use reasonable care and skill in the provision of medical advice and treatment. The standard of reasonable care and skill required is that of the ordinary skilled person exercising and professing to have that special skill."

- Rogers v Whitaker (1992) 175 CLR 479 at 483

Do I have a case?

It is hard to tell right away if you have a case. Each case must be assessed on its own unique merits. Hoffmans will listen to your case and then continue the investigation by contacting the appropriate expert medical practitioners who will assist with determining if the treating doctor was negligent.

How long will my claim take?

Each case has its own distinct characteristics meaning that there is no predetermined length of time until a case is finished. It is hard to predict because there are so many variables. Hoffmans will look at the circumstances of your case and then can give you an estimate of the time it will take to finish your case.

How will Hoffmans investigate my case?

Hoffmans will begin by obtaining information. You will have to provide us with a statement of what happened. We will gather more information through your medical records as well as briefing expert doctors who will help us assess the merits of your case.

How much is my claim worth?

We will have a better sense of how much your claim is worth once we have assessed it. Each case has its own features so they must be evaluated on a case by case basis. The compensation you can receive from your claim is referred to as damages.

Speaking generally, damages may be obtained for the following:

  • General Damages

    These include pain and suffering; loss of amenities; loss or curtailment of expectation of life; disfigurement or scarring.

  • Economic Damages

    This includes loss of wages or salary either in the past or in the future.

  • Medical Expenses

    The amount of past and future medical expenses.

  • Gratuitous Services

    These are services rendered to you by others. These services may have been done voluntarily by another person (e.g. family, partner, friends, etc.). Specifically those domestic services done immediately following your injury. The type of service and number of hours will be used to determine the dollar value of the gratuitous services.

Tubal Ligations (Failed Sterilization)

Unfortunately there are a significant number of female sterilizations that are unsuccessful. Although some of the failures are beyond control, a significant proportion are a result of medical negligence. Hoffmans has had recent success in failed sterilization cases and can help you and assess your case.

The common form of female sterilization is chip sterilization which ought to be straight forward and safe. Unfortunately, in some cases the clips are put on the wrong organ or not shut properly. Substantial damages can be won in these cases - tens of thousands of dollars.

Since the High Court case in 2003, parents of children born as a result of failed sterilization are able to claim the cost of raising the child in addition to childbirth expenses.

Hoffmans will assess your failed sterilization case and work for the best result.

Misdiagnosis of Cancer

Most unfortunately, medical practitioners sometimes fail to correctly diagnose cancers. The consequences can be catastrophic if a cancer is not diagnosed and treated in its early stages. Hoffmans has a wealth of experience and in cases involving the misdiagnosis of cancer.

Breast, intestinal, skin, and other types of cancer need to be caught as early as possible to prevent the cancer from spreading. If it is diagnosed early, the gravity of the treatment may be reduced and more options for treatment may be available.

When a medical practitioner fails to diagnose the cancer and/or fails to investigate the lump, you are at serious risk as the cancer will continue to grow and spread. Hoffmans will make sure that your case is assessed and handled properly so you get the best outcome.

The rate of growth of a tumor and subsequent expectations of recovery are dependent mainly on the type of cancer which a patient may have. These include, but are not limited to:

With early detection the key to a successful outcome it is imperative that the cancer be caught as early as possible to prevent the cancer from spreading. If it is diagnosed early, the gravity of the treatment may be reduced and more treatment may be available.

When a medical practitioner fails to diagnose the cancer and/or fails to investigate the lump, you are at serious risk as the cancer will continue to grow and spread. Hoffmans will make sure that your case is assessed and handled properly so you get the best outcome.