Medical Negligence Claim During COVID-19 Pandemic in Perth

February 21, 2022    Civillawyers
Medical Negligence Claim During COVID-19 Pandemic in Perth

Are you a victim of medical negligence during the COVID-19 pandemic? If so, you should know about the process of filing a medical negligence claim during the pandemic and how to go forward with it.

If you’re from Perth, you can consult with medical negligence lawyers Perth and discuss your case with them. Read on to know everything about filing this claim during the pandemic.

What Is a Medical Negligence Claim?

Medical negligence refers to when a medical professional or hospital breaches their responsibility, and it leads to severe physical pain and suffering to an individual. An injured person can file a medical negligence claim and expect to receive monetary compensation for the damages caused.

Medical Negligence Claim Elements

To successfully prove a medical negligence claim, one must satisfy the following elements:

  • Existence of a duty of care
  • The duty of care was breached by any positive act or failure in doing something
  • The victim suffers due to the breach of responsibility.

The View from the Bench

As per the latest District Court of Western Australia Annual Review, the Court’s caseload of civil cases in 2019 was weighed down by personal injury claims, the majority being motor vehicle and workplace accident claims. The review revealed an overall rise of around 7.6% in new civil case lodgements, including claims in 2019, with the number of new writ lodgements increased by 5.4%.

The recent Report on Civil Cases by the District Court of Western Australia recorded the number of medical negligence case lodgements which had increased to 123 from 86 between 2017-2018 and 2018-2019.

The View from the Board

According to the AHPRA Performance report WA during December 2020, the notifications about registered health practitioners witnessed an increase of 9%. The WA State Administrative Tribunal Annual Report 2020 shows that there were fewer SAT applications submitted in regard to vocational regulation matters as compared to the past years.

Latest Key Issues

At present, the COVID-19 pandemic has resulted in the following medical negligence issues like:

  • Several medical practitioners are using their social media platforms to spread medical misinformation about the coronavirus pandemic or anti-vaccination opinions. So, in that case, disciplinary actions may be taken because of a practitioner’s failure to comply with the professional obligations.
  • The Australian Medical Association and Royal Australian College of General Practitioners have been assured by the Federal Health Minister that doctors would be indemnified in case of injury caused by the vaccine by the Commonwealth Government.
  • Issues or claims are emerging from risks related to services like security and privacy of health information, insufficient examination and follow-up and illegal registration of clinical consultations.
  • Direct liability resulting from COVID-19 such as operating without adequate equipment, failing to avoid exposure to coronavirus and failing to give medication.

Suing Rights of COVID-19 Victims

There is a fair chance of an individual contracting COVID when they get admitted to a hospital and subsequently suffering from severe health complications or death. In that case, different state and territory regulations arrange for compensation for pain and suffering only when the individual can prove that they have been inflicted with permanent injuries or death.

So, pursuing a claim where a patient cannot prove that they contracted the coronavirus due to negligence of a medical practitioner or hospital and it led to the loss of income, permanent injury, or death would just lead to its nullification.

How to Make Medical Negligence Claims During COVID-19?

If an individual is a victim of COVID-19 medical negligence, like unreasonable delays in diagnosis or treatment which resulted in severe health issues or death, they or their family members have the right to file a medical negligence claim.

They can get in touch with medical negligence lawyers to discuss the credibility of their case.

Are the COVID Infection Sources Verified in the Courts?

As false claims can flood the courts with individuals seeking compensation for getting inflicted by the coronavirus, the infection sources are thoroughly verified by the courts. So, the public health professionals can be assured that they would not be strangled into false compensation claims and held responsible just for carrying out their duties in these crises.

However, those responsible for letting in infected ship passengers into the public community and individuals circulating fake remedies and people infecting residents by disobeying quarantine rules are likely to be held legally responsible and liable.

For genuine cases, individuals can surely file a compensation claim and legal justice from the courts.


If you or someone from your friends or family is a victim of medical negligence, you can contact one of the leading law firms, the Civil Lawyers Perth WA, who can better assess the plausibility of your compensation claim and prepare it, including all the necessary arguments.

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