Medications and Medical Negligence

By Tom Maling

For anyone considering whether they have a medical negligence claim as a result of a medication error, here are some key points:

  1. A doctor owes their patient a duty of care when giving advice about medications and when prescribing them.
  2. A doctor must review how you respond to a medication and monitor you for side effects.
  3. A doctor must warn about side effects which a reasonable patient would find significant, OR risks which because of your individual circumstances a reasonable doctor would think that you would find significant.
  4. Medical negligence claims can be about a failure to warn about a side effect which or because a medication was incorrectly prescribed.

Elrington’s health law

Matt Bridger and Tom Maling represent clients in medical negligence claims.  We act for Canberra and the surrounding regions including NSW residents from Queanbeyan, Batemans Bay, Goulburn, Yass, Cooma, Bega and Merimbula areas, in both ACT and NSW claims.

Matt is an Accredited Specialist in Personal Injury Law and has over 25 years of experience representing people in medical negligence matters, including small claims right up to multimillion dollar catastrophic injury claims.  He has great medical knowledge across a whole range of areas and has conducted cases in general surgical, birth and obstetrics, dental, orthopaedics, pharmacological and cardiology negligence.  Tom completed training as a Registered Nurse and has experience in hospitals and nursing homes.  He also represents our clients on all medical negligence and treatment dispute claims.  Our experience means we have insight into health issues, health service delivery, and most importantly our client’s experiences.

Please contact Matt Bridger and Tom Maling if you wish to discuss your circumstances and how we can help.

Further reading:

To contact Matt or Tom or to make an appointment in either our Canberra or Queanbeyan office:

p: +61 2 6206 1300 | e: Info@elringtons.com.au