Category Archives: Medical Negligence

Medical Negligence Compensation Lawyers 2023: Covid Vaccine Injuries Class Action

As the world rushes to vaccinate itself against COVID-19, it’s not surprising that some folks are left feeling uneasy. After all, vaccines can be risky business and in rare cases, they might even cause serious injuries or illnesses. That’s where medical negligence compensation lawyers come in, these legal experts specialise in helping people who’ve been harmed by vaccines get the compensation they deserve. And now, with reports of COVID vaccine-related injuries on the rise, many such lawyers are gearing up for a class action lawsuit, one that could help countless individuals seek justice and recover from their losses.

So if you’re concerned about vaccine safety or just want to learn more about your rights when it comes to medical negligence claims, read on!

So What does this Mean for the Public?

If a person in Australia believes they have been injured by a vaccine, including future COVID-19 vaccines, they will need to pursue compensation through the legal system. Under the latest agreement, it would appear the government, rather than the drug company, would pay that compensation, should the person win their case.

However this is not ideal. The person still has to engage with the legal system, which is both costly and complex, and there’s no guarantee of success. Compensation lawyers may not even be possible via their legal system. That’s because in most cases, it will be difficult to show in court a serious side-effect was due to a fault in the vaccine composition or negligence in the way it was administered.

So in Australia, people with a vaccine injury, either COVID-19 or other vaccine, will likely bear the costs of their injury by themselves, and seek treatment by publicly-funded or private health systems. The National Disability Insurance Scheme helps fund therapies for people with a permanent and significant disability but does not cover temporary vaccine-related injuries.

Participants in COVID-19 vaccine clinical trials can be compensated for temporary and permanent vaccine injuries.

What is Medical Negligence?

Medical negligence is defined as any action or omission by a health care provider that deviates from the accepted standard of care and causes harm to a patient. Vaccine injuries are a type of medical negligence that can occur when a health care provider administers a vaccine that is not approved for use in Australia, or when a health care provider fails to follow the proper protocol for administering a vaccine.

A successful medical negligence claim can help you to access the financial, care and support services that you and your family need to heal, and move forward with your life. If you decide to bring a claim for compensation, engaging a lawyer who possesses specialist expertise and experience in medical negligence is a critical step to ensuring you receive the best possible legal outcome.

If you have been failed by a healthcare professional or hospital, you may have grounds to bring a medical negligence claim for compensation.

What is a Covid Vaccine Injury?

A vaccine injury is a rare but serious adverse reaction to a vaccination. They can range from mild (such as a sore arm from the injection site) to life-threatening (such as anaphylactic shock).

The most common vaccines in use today are safe and effective, but no medical product is 100% perfect. The risks of getting a serious vaccine injury are very low, much lower than the risks posed by the diseases that vaccines prevent. However, because millions of people receive vaccinations each year, even a very low risk can result in a large number of injuries.

There are two main types of vaccine injuries: those that occur when the body has an allergic reaction to a vaccine component (known as an “adverse event”), and those that occur when the body mounts an immune response to the vaccine itself (known as “vaccine reactions”). Adverse events are usually mild and include such things as soreness at the injection site, fever, and rash. Vaccine reactions are more severe and can include fevers, joint pain, swelling and redness at the injection site, and even seizures or paralysis.

Both types of vaccine injuries are rare. The chances of having a serious adverse reaction to a vaccination are about one in a million. The chances of having a severe reaction to a vaccination are even lower, about one in four million for live viruses (such as MMR or chickenpox) and one in two million for inactivated viruses.

Which Conditions are Eligible?

If you had AstraZeneca Vaxzeria, the following clinical conditions are accepted under the claim for compensation scheme:

  • Anaphylactic reaction
  • Thrombosis with Thrombocytopenia Syndrome
  • Capillary leak syndrome
  • Demyelinating disorders including Guillain Barre Syndrome (GBS)
  • Thrombocytopenia, including immune Thrombocytopenia.

If you’ve had Pfizer/Biontech Comirnaty or Moderna Spikevax, the following clinical conditions are accepted under the claim for compensation scheme:

  • Anaphylactic reaction
  • Myocarditis
  • Pericarditis.

If you had Novavax Nuvaxovid, the clinical condition of anaphylactic reaction is accepted under the claim for compensation scheme.

Which Injuries are Eligible?

The following clinically diagnosed injuries are also accepted under the scheme, regardless of which TGA approved vaccine you’ve had:

  • a shoulder injury you got when you received a COVID-19 vaccine
  • other moderate to significant physical injuries that caused permanent impairment, or the need for an extended period of medical treatment.

In both cases, the injuries must have been sustained during the physical act of being given the vaccine.

Which Conditions and Injuries aren’t Eligible?

The following harm isn’t covered under the scheme:

  • contracting COVID-19
  • psychological and psychiatric conditions
  • secondary injuries, like an injury suffered when fainting, or a haematoma where you were injected that becomes infected.

These other side effects aren’t accepted under the scheme:

  • headache
  • fatigue
  • injection site reaction
  • muscle or joint pain
  • dizziness
  • diarrhoea
  • pain in extremity
  • fever
  • insomnia
  • nausea or vomiting
  • lethargy
  • hyperhidrosis
  • chills
  • decreased appetite
  • malaise
  • lymphadenopathy
  • somnolence
  • abdominal pain
  • puritus
  • urticaria or rash
  • influenza-like illness
  • angioedema
  • anxiety-related reactions.

Read more about the conditions and injuries accepted under the COVID-19 vaccine injuries claim for compensation scheme policy on the Department of Health and Aged Care website.

Who can File a Claim for Compensation?

Anyone who has suffered an injury as a result of receiving the Covid-19 vaccine can file a claim for compensation. This includes people who have experienced an allergic reaction, those who have developed certain side effects, and those who have been hospitalised as a result of the vaccine.

  • In the case of a vaccine injury, the victim’s parent or legal guardian can file a claim for compensation.
  • If the vaccine victim is an adult, he/she can file a claim for compensation.
  • If the victim dies due to a vaccine-related injury, his/her spouse and/or children can file a claim.

You can find more information about the COVID-19 vaccine claim for compensation scheme and policy on the Department of Health and Aged Care website. The privacy and security of your personal information is important to us, and we protect it by law.

If you’re eligible, they’ll provide payment to compensate for the harm you suffered or if you are not sure whether you are eligible to file a claim, you can speak to one of experienced medical negligence lawyers.

How to File a Claim?

In order to file a claim, you must first consult with a medical negligence compensation lawyers. They will be able to assess your case and determine if you have a valid claim. If you do have a valid claim, they will then help you gather the necessary evidence and paperwork to file your claim.

Step 1 – Before you claim, make sure you also have all of the following ready:

  • Proof you were admitted to hospital
  • How you calculated the amount you’re claiming
  • Proof to support the amount you’re claiming

You can also give a brief outline of what happened from your perspective to help assess your claim.

Step 2 – Get your COVID-19 vaccine claims scheme medical report
Your doctor needs to complete a COVID-19 vaccine claims scheme medical report so you can submit it with your claim.

Remember to take your documents when you see your doctor.

Step 3 – Submit your claim

You need to send them your forms and supporting documents by:

  • Emailing COVID-19 vaccine claims scheme
  • Mailing them to us using the details on the form.

Step 4 – Once they receive your claim and all supporting evidence, they’ll try and get back to you as soon as possible.

If you’re claiming more than $20,000, the claim may take longer to assess. This is because they need to consult with others.

They may consult with the following independent third parties:

  • A medical expert
  • A legal expert.

You don’t need to contact them during this time. They’ll contact you if need more information.

Step 5 – They let you know the outcome
If you approve your claim, they’ll send you a deed to accept. You’ll receive this as a letter in the mail. Once you accept, they can pay you the amount they’ve agreed on. 

If your claim isn’t approved, they’ll write to you to let you know. You can ask them for a review of the decision. Your letter will explain how to do this.

If you need help, email COVID-19 vaccine claims scheme or call the Australian Immunisation Register.

The Process of Filing a Claim

The process of filing a claim for medical negligence compensation can be complex, and it is important to seek legal advice from a solicitor who specialises in this area of law.

There are a few key steps that need to be followed when making a claim for medical negligence compensation, which include:

1. Establishing that there was a breach of duty of care by the healthcare professional or facility. This can be done by obtaining expert opinion evidence from another healthcare professional.

2. Showing that the breach of duty of care caused you to suffer an injury or loss. Again, this will require expert opinion and evidence.

3. Calculating the amount of compensation you are entitled to, which takes into account both your financial losses and your pain and suffering.

4. Making the formal claim for compensation from the healthcare professional or facility responsible for the negligent act or omission. This will usually involve serving a writ on the defendant.

5. Negotiating a settlement with the healthcare professional or facility, or taking your case to trial if necessary.

What’s happening Overseas?

In the US, people with a rare but serious reaction to a COVID-19 vaccine will be able to access a special compensation scheme. This is designed to provide compensation for the use of COVID-19 pandemic medications and vaccines.

However, applicants only have one year from the date they had the vaccine or medicine to request benefits. The US already has a vaccine compensation scheme for vaccines other than COVID-19. This is an example of a no-fault compensation scheme. These compensate for specific vaccine reactions, without having to go to court to prove the vaccine manufacturer is liable.

Australia in contrast to 25 countries including the US, UK and New Zealand, does not have a no-fault vaccine compensation scheme, and does not have the equivalent of the US COVID-19 vaccine compensation scheme.

Conclusion

The expert medical negligence at Australian Compensation Lawyers have a track record of winning big against big corporations and governments. Medical negligence compensation lawyers are experienced in helping people who have been injured due to medical negligence.

Covid vaccine injuries can be serious and should not be taken lightly, which is why it is important to seek legal advice from experts if you believe you have a case for a class action lawsuit. Covid vaccine injuries compensation scheme to professionals guide you through the process and fight for your rights if necessary. They understand how difficult this situation can be, by providing your information about medical negligence cases related to Covid vaccines helped ease some of your stress, worries and concerns.

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Dental Negligence Compensation: Can You Sue Your Dentist?

Every dental practitioner is expected to keep the health and wellbeing of their patients at the forefront of everything they do. And in almost every case, this is true. However, from time to time something goes wrong, and a mistake is made. Again, in most cases, these mistakes are trivial, and no lasting harm is done. But in a handful of cases each year in the Australia as well as the UK and the USA, a dental practitioner or other medical staff working in the dental sector, makes a mistake that leads to the harm of their patient. And in these cases, a claim for compensation based on this dental negligence is possible.
Within this page, you will find all of the information you will need to educate yourself about the process of claiming compensation for dental negligence if you have been unfortunate enough to have become a victim of it.
This guide explains just what dental negligence is, and the different types of negligence that can occur. It will walk you through the things you need to do before making your claim for compensation for dental negligence. It will also tell you how to actually start your claim for damages against a dentist or dental clinic, and try to give a rough indication of the amount of compensation that common injuries caused by dental negligence could pay.
If you need any further information, or just want to get the answers to more specific questions, then please use the contact information at the bottom of this guide to get in touch with us.
What is a Dental Negligence Claim?
A dental negligence claim occurs when a medical practitioner working in the dental sector causes harm to a patient through a mishap or mistake. This can be the dentist themselves, or any of the nursing and care staff that are involved in the overall dental care process.
Although dental negligence is rare, it does occur, and the damage caused to a patient can be both severe, and long-lasting. Furthermore, many of the injuries that can be caused by dental negligence, can lead to permanent facial disfigurement and scarring. For this reason, dental negligence cases, as with any form of medical negligence case, are taken very seriously. As the end result could see the dental practitioner being barred from their chosen career.
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Is Dental Negligence Common?
Considering the fact that thousands of dental procedures are carried out each day in the UK, cases of dental negligence are surprisingly rare. Historically, fewer than 10,000 cases of dental negligence are recorded each year. However, this figure has begun to rise in recent years. This is primarily due to the fact that more people are seeking dental care, and there are more medical experts operating within the dental care sector.
Dental negligence case studies show that the growth in popularity of cosmetic dentistry has also contributed to the rising number of dental negligence claims being made. This is, of course, to be expected. Cosmetic dental procedures are often extremely intrusive and can require major reconstruction of the teeth, jaw bone and gums. Therefore, the likelihood of a mistake being made which could lead to a serious injury is far higher than that of merely corrective and preventative dentistry procedures.
What Different Types of Causes Can Lead to a Dental Negligence Claim?
Dental negligence occurs for a number of reasons. Depending upon the injury the patient has received, and how that injury was caused, dental negligence will fit into one of the categories below:
Badly executed surgical procedures – whenever a dentist performs a surgical procedure on a patient, from filling a cavity to fitting a full set of implants, if something goes wrong causing an injury to the patient, then there is a valid reason to make a claim for compensation.
Errors made in a crisis by an emergency dentist can be a big source of dental negligence claims because if they’re forced to work fast, problems can occur. Many of these are of course justifiable because of the panic of the circumstance, but it doesn’t stop patients from trying it on.
Badly managed anaesthesia – when a surgical procedure requires the administration of either local or general anaesthetic, if the application of that anaesthetic causes an injury or other health problem for the patient, a valid reason to make a compensation claim will exist.
Misdiagnosis of a dental condition – possibly the least common form of dental negligence. When a dentist misdiagnoses a condition and applies the wrong treatment, which leads to injury or harm to the patient. In these cases, a valid reason to claim compensation will exist.
Inadequate patient care – either during a dental procedure or after a dental procedure when the patient is in recovery. If undue care is taken to ensure the well being of the patient, leading to injury or harm, then a valid reason to claim compensation will exist.
Of course, there are cases of dental negligence that do fall outside of this basic framework. When you contact us to discuss the specifics of your own case, we will let you know if any more forms of dental negligence might apply.
Are There Different Types of Dental Negligence Claims?
When it comes to claiming negligence against a dentist, there are a number of ways a compensation claim can be pursued. Depending on the way that an injury to a patient has been caused, and the circumstances that lead to the injury occurring, a dental practitioner would be guilty of one of the following types of negligence:
Contributory negligence – when a case of dental negligence is judged to fall into the category of contributory negligence, then it is deemed that the victim of the injury, is primarily to blame for their own condition. And in most contributory negligence cases, no compensation will be paid to the person seeking damages.

Comparative negligence – in these cases, both the dental practitioner and the person suffering the injury both share some portion of the blame. These are often the trickiest dental negligence compensation claims to pursue. They will almost always involve a long legal process, which will result in a court case where the blame will be properly apportioned between the dental practitioner and the victim of the injury.

Vicarious liability – in this type of case, a third party is being apportioned part of the blame for the injury caused to the patient. For example, this could be the supplier of a particular piece of medical equipment that contributed towards the mistake that caused the injury. Or it could be a claim against the company that employs the dentist, which has failed to meet statutory health care regulations, leading directly to the patient being injured.

Gross negligence – the most serious, and also least common type of negligence claimed against a dental practitioner. A gross negligence case is pursued when the dental professional has blatantly disregarded the health and well being of their patient. There are many ways that this can occur, such as being under the influence of alcohol or drugs whilst performing a surgical procedure or purposefully causing harm to a patient in anger.

Almost every claim for compensation based on dental negligence will fit into one of these negligence categories. In very rare cases, other considerations may apply. We will be sure to let you know if your claim for compensation following dental negligence does not fit into one of these categories.
MAKING A DENTAL NEGLIGENCE CLAIM
If you’re looking to sue your dentist following treatment that you’re not happy with, our team of expert lawyers at Compensation Lawyers will be able to help. Making a dental negligence claim can be a straightforward process when you have the right support and guidance from professionals in the field.
Some of the most common reasons that people have for making a claim against their dentist include:
•Misdiagnosis or late diagnosis of a serious dental condition which results in you suffering pain or injury
•Complete failure to diagnose a serious dental condition resulting in injury, pain or suffering
•Injury caused by a poorly performed dental procedures
•Injury caused by carelessness of the dental practitioner
•Financial loss from having to pay to correct a mistake made by a dental professional
•Loss of earnings suffered if you are unable to work as a result of dental negligence
•Physical trauma suffered as a result of dental negligence
•Psychological trauma suffered as a result of dental negligence
•Other pain or suffering caused by a dental practitioner enlisted to carry out dental work
See if you have a case for dental negligence.

How do I sue a dentist for negligence?

If you think that you have been a victim of dental negligence, the first thing you should do is contact a specialist dental law solicitor. They will discuss your experience and tell you if you may be able to make a claim. This will depend on; your individual circumstances, the nature of your complaint and the severity of the injury, pain or suffering you have experienced as a result of the poor care you may have received.
Do you have a valid dental negligence claim?
In order to find out whether you’re entitled to dental negligence compensation, the first thing you need to do is discuss your case with one of our skilled solicitors and dentists. We will then be able to review your case and determine whether you are able to proceed with a dental negligence claim. Start you claim today
How is your dental negligence claim funded?
Most of our dental negligence cases are funded by a no win, no fee agreement, which means that if your claim is not successful, you will not need to pay us anything.
How Much Compensation Can I Claim For Dental Negligence?
Dental negligence is a term that is used to describe mistakes or mishaps made by dentists, or health care professionals who specialise in dentistry, that lead to an injury for their patients. Dental malpractice claims are pursued for a range of reasons, including badly executed surgical procedures, inaccurate diagnosis of a condition, and the prescription of the wrong medication. This is a very basic dental negligence definition, and this page will try to expand on this to impart a better understanding of what your rights are if you have been a victim of dental negligence.
In the period from 2013 to 2014, the Family Health Service in the UK reported almost 7,000 cases of dental negligence had occurred. This was an increase of almost 12% on the previous year. A trend that has continued since this time.
If you have been the victim of negligence, you will need professional legal advice and representation to have the best chance of making a successful claim for compensation.
If you believe that you may have a valid reason to make a claim for dental negligence, then there are certain things you can do right now, to help you prepare.
As with any legal proceedings that require adjudication, evidence will need to be presented by both sides, to either prove or disprove the claim. So preparation is key here. The better prepared your solicitor is to represent you, then the better chance you have of successfully being awarded damages for negligence. Below is some advice with regards to the things you can do to prepare for your claim, before contacting a solicitor.
Have your injury documented – this means visiting a doctor or a hospital to have the injury treated. Make sure that you ask the doctor treating you to note their opinion on how well the injury will heal, and how long it is likely to take.
Collect important information – find out the names of any dental staff that assisted the dentist if you can. Find out the name of the company that owns the dental clinic if it is a private practice or a cosmetic dentistry clinic.
Record the financial impact of the injury – if you have had to miss work and lost income, spent money on medication, or had to take unexpected journeys which you have paid for out of your own pocket, then write all of these down. Your solicitor will help you claim them back as part of your dental negligence compensation claim.
Contact a negligence solicitor – at this stage, you have all the facts of your claim straight and are ready to brief a solicitor accurately.
If you choose to use us your dental negligence solicitor, we can arrange for a locally carried out medical examination, to assist with the claims process.
How to Begin a Dental Negligence Claim
If you are ready to begin your claim for dental negligence compensation, you can use the contact details at the bottom of this guide to get in touch with us. We will then offer you a completely free legal consultation session. During this session, we will attempt to capture all of the pertinent facts about your injury.
We will use the facts we capture, to decide whether you have a good chance of claiming damages following a case of dental negligence. If we think the prospect of claiming compensation is high, we will advise you on what we think you need to do next.
For most people who contact us, that have a valid reason to make a compensation claim, we will offer to represent them on a No Win No Fee basis. This means there is nothing to pay unless we actually win your case for you.
What can be Claimed for Due to Negligence?
Claiming compensation for dental negligence involves calculating tangible and intangible costs, and claiming damages to meet these costs. Some costs are simple to calculate, such as any money spent on medical fees. Others are not so straightforward, how does one put a value on pain and suffering? Luckily, there are judicial guidelines in place that already provide a framework for attributing value to the discomfort caused by an injury. Most dental negligence claims will comprise of one or more of these types of damages:
Special damages – in this category, we include all of the non-physical loss that has been caused by a case of dental negligence. This can include a very wide range of causes. For example, if you were forced to cancel a vacation due to the injury, then you would claim compensation for this under special damages.
General damages – in this category we include all of the physical aspects of the injury. Pain, suffering, loss of mobility and psychological trauma being the most common of these.
Care costs – if you are forced to bring in help to assist you in your daily life due to the injury, or if you have had to be placed into full-time care in an institution, then this can be claimed for.
Loss of current and future earnings – if you needed to miss work due to your injury, and thus did not receive your full wage/salary, then you can claim this in compensation. Additionally, if the injury is likely to negatively affect your long-term earning potential, then this future loss can also be claimed for.
Medical expenses – any out of pocket expenses that have been paid for both immediate and ongoing treatment of the injury you are claiming compensation for.
Travel costs – any out of pocket expenses that have been incurred due to having to travel for anything related to the injury itself (outpatient care for example), or the compensation case (such as visiting your solicitor) can be claimed back.
These are the basic categories that any claim for damages will almost always fit into. There are some less common types of damages, and if we feel that your claim should include one of these, we will let you know.
How Much Compensation Will I Get For A Dental Negligence Claim?
A few thousand is common. Usually barely worth your time, but may give you satisfaction.
How Long Does a Dental Negligence Claim Take?
To answer the question, how long does a dental negligence claim take is very difficult. Each case is entirely unique. Any form of medical negligence has very serious consequences on the person being accused. In extreme cases, they can be struck off from working within their chosen medical field, effectively ending their career.
For this reason, dental negligence cases can often take a lot longer than claims for similar injuries caused by simple accidents. In reality, you would be looking at a period of a minimum of 6 months before a settlement is made.
In the UK: NHS Dental Negligence Compensation Claims
As an overseas example, claims for negligence against the National Health Service (NHS) are inherently complicated. Navigating the claims process for suing a government body for compensation is very difficult. Certainly, something that you are going to need an experienced solicitor to undertake for you.
Some legal companies in the UK have lots of experience in suing various government operated bodies, including the NHS, and they know how to cut through the red tape and bureaucracy. They can help expedite a claim for dental negligence against the NHS as quickly as possible.
No Win No Fee Negligence Claims
If you have minimal financial resources, it is likely that finding the money to pay the legal fees involved in making a successful claim for compensation for dental negligence, will be problematic. And what happens if you lose? You would be completely out of pocket.
We have a way to help. We can offer to represent you in a Now Win No Fee format. This means you don’t pay us a thing until we have won your claim for you. If we don’t win, you don’t owe us anything at all.
Why Choose Us as Your Claims Service for a dental negligence Claim?
Dental negligence claims, like any type of medical negligence cases, are a serious legal matter. They are far less likely to be settled without going to court, and in the most serious cases, the impact upon the liable party is extreme if they are found to be at fault.
Therefore, you need the best legal help possible to execute a claim on your behalf, and this is where we come in. We have years of experience in pursuing damages for clients who have been a victim of medical negligence.
Call for Free Advice and To Start a Claim
Have you been the victim of dental negligence? Are you ready to begin making a compensation claim for it? Or maybe you just need an expert opinion on whether your claim is viable?
If you need some free help and advice about a dental negligence claim, we are more than happy to assist you. You can either use the on-line contact form on this website, or for a more immediate response, use the web chat function, or call us directly on 1300 321 814. There is no obligation to use our service after we have given you some advice, and the initial session is always completely free. So reach us to us now, you really have nothing to lose, and everything to gain.
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Medical malpractice negligence: Doctors and Hospitals Living in Fear

Medical malpractice happens. It is a fact of life for thousands of innocents both locally and internationally and in many cases, it can be a game changer. The temptation is to think, to hope, to hypothesize, that it will never happen to you? You will never be hit by lightning, never suffer a collision with a bus or indeed play the starring role in a medical malpractice case? The numbers don’t lie people, it could be you or I caught out, woefully unprepared and or poorly informed. How to deal with a negligence case, how to navigate through the red tape of  a malpractice  case, those are the big questions and the key answers open for intensive debate.

According to the Journal of the American Medical Association (JAMA), medical negligence is the third leading cause of death in the U.S.A, that is, behind heart disease and cancer. In 2012, over $3 billion was spent in medical malpractice payouts, averaging one payout every 43 minutes. Medical malpractice occurs when a health-care provider deviates from the recognized “standard of care” in the treatment of a patient. The “standard of care” is defined as what a reasonably prudent medical provider would or would not have done under the same or similar circumstances. In essence, it boils down to whether the provider was negligent.

A malpractice claim exists if a provider’s negligence causes injury or damages to a patient. However, experiencing a bad outcome isn’t always proof of medical negligence. Also, on occasion, health-care providers will inform a patient that the person has received negligent medical care from a previous health-care provider and—presumably in an effort at complete honesty—will sometimes tell a patient that they, themselves, have made a mistake.

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Insurance companies typically want to settle with an injured person directly if they can, and this allows them to do so before the full extent of injuries are known, as well as preventing the injured person from hiring an attorney who could increase the settlement value of the claim through their representation. Consequently, most experienced medical malpractice attorneys will not pursue a case unless the injuries and damages documented in the records—after they’ve been reviewed by an expert in the pertinent specialty—are substantial and justify it.

Being proactive about medical care is undoubtedly the best step. Patients should do research to understand their health condition, and document their symptoms. They should ask health-care providers a written list of questions that they feel are important, and expect—indeed, demand—full and complete answers. It’s also critical not to allow yourself to be intimidated by the medical system. Speak up and advocate for your own well-being. If patients sense that something is wrong, they should tell—or ask—their health-care providers. Although it’s important to trust your doctor or nurse, it’s also important to listen to your body … and use common sense. Also advisable: Have a family member or friend accompany you on important visits to healthcare providers.

Patients choose not to pursue valid medical malpractice claims for numerous reasons: Some are concerned that other doctors will learn of their cases and refuse to treat them. Some fear—incorrectly—that it will lead to an increase in the cost of their medical care. And others forgo valid claims due to the perceived personal and financial costs associated with litigation.

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Although the medical school adage of “treat the patient and not the test” has value, it’s also important for health-care providers to carefully assess the information provided by the tests that they order. I’ve witnessed many instances in which highly abnormal test results were either interpreted incorrectly or disregarded by physicians—sometimes with fatal consequences.

Hospital systems and health-insurance companies significantly impact the quality of medical care that patients receive. Your health is too important to place in the hands of a provider who hasn’t earned your confidence, isn’t answering questions or isn’t giving you—or your condition—adequate time and attention. Always be on guard or as a very wise medical patient once said “Always hope for the best but prepare for the worst”.

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