If your doctor or hospital has done something wrong, you may think you’re eligible for compensation. While it might seem unfair, just because they didn’t get it right doesn’t mean that you are.

You are only eligible for compensation if their negligence caused or materially contributed to an injury that resulted in compensable loss. If something else, such as a pre-existing condition, was the cause of your injury, no compensation is unlikely to be payable.

In any case, it is advisable to put in a complaint to the Risk Manager of the hospital you attended or to AHRPA (Australian Health Practitioner Regulative Agency). They will be able to investigate the claim and issue sanctions if necessary (but cannot order compensation).

If you are unsure if your situation is compensable, it’s important to speak to a lawyer experienced in the field as soon as possible. Ester, Special Counsel at Hume Taylor & Co, has over 30 years’ experience and can provide your first appointment free.