Compensation for medical negligence in Victoria is regulated in part by the Wrongs Act 1958 (Vic).

Under that Act, aside from limited exceptions, a person cannot get compensation for pain and suffering for an injury caused by medical negligence unless it has resulted in a permanent physical impairment of greater than 5% and/or a permanent primary psychiatric impairment of 10% or greater. This is measured using the American Medical Association Guides to the Evaluation of Permanent Impairment (4th Edition). In assessing impairment the Guides require an evaluation as to the permanency of the injury and consideration of defined medical criteria.

In simple terms this means that if the alleged negligence has not caused a permanent injury at the required level then compensation is not recoverable for pain and suffering, even if the medical service provider breached its duty of care.

Regardless of the level of impairment compensation can be claimed, if medical negligence exists, for loss of earning capacity and past or future medical expenses.

For advice contact Galbally & O’Bryan.

 

 

How to contact our Office

 

Melbourne Office
259 William Street 
MELBOURNE VIC 3000 
T (03) 9200 2533 
E enquiries@galballyobryan.com.au 

 

Dandenong Office 
Shop 9/147-151 Foster Street 
DANDENONG VIC 3175 
T (03) 9769 2510 
E dandenong@galballyobryan.com.au 

 

Pakenham Office 
Shop 1, 15 John Street 
PAKENHAM VIC 3810 
T (03) 5941 7990 
E pakenham@galballyobryan.com.au 

 

The information on this website is of a general nature only and may not reflect recent changes to certain areas of law. It should not be relied upon as a substitute for discussing your situation with a qualified legal practitioner. Contact us for more information.