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My injuries were caused when I visited a professional. Am I able to make a personal injury claim?

A few months ago I made an appointment with my doctor to have a skin cancer removed from my face. This proved to be a disaster. I have been left with a scar that covers my entire cheek. A skin specialist I have subsequently seen told me that my general practitioner was not qualified to undertake this procedure. What recourse do I have against my doctor?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 28-10-2015
1 Lawyer Answered
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  1. Personal Injury
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 LegalEagle™ Staff, Forbes 2871 NSW

  • The Civil Liability Act 2002 (NSW) stipulates the standard of care required of a professional when they are acting in their professional capacity.
  • The law states that if the professional was acting in a way that was common practice and accepted by the industry in Australia by peer professionals then the professional may not be liable for the injuries.
  • However a court may decide that the peer professional’s standard practice is wrong.
  • You should contact a lawyer as soon as possible to discuss the individual circumstances of your case.

 

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