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Can I sue a doctor who unknowingly and without my consent worsened my injuries or increased the harm I suffered as a result of another incident?

I was run over by a car. A doctor who happened to be driving by stopped to help me. In the course of performing CPR he broke my ribs and punctured my lungs. I suffered worse injuries as a result of that puncture than from the car. Can I sue the doctor?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 27-10-2015
1 Lawyer Answered
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  1. Medical Malpractice
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by Shamaila Khan, Kingsville 3012 VIC

  • You can sue the doctor under these circumstances but it should be noted that the doctor may be protected by a ‘good samaritan’ defence.
  • This defence is generally applied to medical practitioners that lend their assistance to strangers in emergencies.
  • Unless a doctor was grossly negligent in providing the CPR treatment to you as a stranger it is highly unlikely that they will be held accountable for any injuries caused during the course of that assistance. 

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