Medical Negligence Claims - Slater & Gordon

The extent of the harm suffered
You can only be compensated for injuries and losses that result from the
negligent treatment. Medical evidence is always necessary to prove the
extent of the physical and/or psychiatric injury and the likely consequences,
for example, inability to work or the need for nursing care.
What is compensation?
Since the primary purpose of a compensation claim is to recover monies
as compensation, it follows that a claim cannot be usefully pursued
unless there is in fact a loss of some kind.
Compensation is awarded according to the damage of harm and loss
suffered. It does not relate to the degree of the provider’s negligence.
6 Medical Negligence Claims Third Edition • 2007
Compensation may include the following:
• medical treatment expenses
• future medical expenses
• past wage loss & interest
• future wage loss
• damages for pain, suffering, emotional distress and loss of
enjoyment of life
• personal, domestic or nursing assistance provided by agencies
or sometimes without charge by family or friends.