The Quest for Recompense: Claimants' Experience of Medical Negligence Compensation in Victoria,Australia*

This paper reports a study investigating the experiences of people who perceived that they had suffered a health or medical care injury in Victoria, Australia. A particular focus was their experience with the process of seeking compensation. The research strategy involved a preliminary questionnaire and in-depth interviewing of the participants and, where possible, their families. We describe the type of injury reported by the participants, experiences with health care providers and lawyers and attitudes to the current system of compensation. The severity of injury sustained by these participants was often severe, involving permanent incapacity and psychological distress. We conclude that the quest for recompense is fraught with difficulties for claimants. The present system of compensation neither provides adequate financial compensation nor - even where claimants are successful - acknowledgement of the legitimacy of their claim.