You may be able to make a claim if your doctor or healthcare professional did not:
+ Diagnose a condition at all or within a reasonable amount of time
+ Treat your condition or refer you to a specialist as soon as possible
+ Monitor your condition
+ Perform a medical procedure with reasonable care and skill
+ Advise you of the risks associated with, for example, an operation
+ Report correctly or follow up your test results
+ Provide reasonable care after your operation
+ Not testing properly for conditions such as Down’s Syndrome
+ Poor pregnancy and labor management resulting in injuries
+ Cerebral Palsy Compensation Claims
+ Errors during an operation, including damage to internal organs or nerves and not providing proper care after the operation
+ Anaesthetic issues
+ Nerve injuries during surgery
+ Birth injuries
+ GP negligence
+ Hospital negligence
+ Medication Errors
+ Orthopedic surgical errors
As per other common law claims compensation is typically awarded for:
+ Non Economic Loss (Pain & Suffering)
+ Past and Future Economic Loss
+ Loss of Superannuation benefits
+ Voluntary services from family members
+ Paid care and domestic services
+ Past and future medical expenses
If you are left injured from the care of a doctor, medical practitioner or medical facility who has breached their duty of care, then you may have a claim for compensation.
If a healthcare worker provides you with negligent medical treatment, then you may be able to claim compensation.
Medical Negligence compensation claims are often complex and vigorously defended. We have an experienced team of medical negligence lawyers available in this area that has achieved outstanding results in catastrophic matters.
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Medical injuries can span from surgery gone wrong to negligent advice from your doctor. Common examples also include prescribing the wrong medication, administering the wrong treatment, or failing to advise a patient of all the risks involved and those risks materialising.
A person is negligent where they fail to take all precautions that a reasonable person in their position would have taken to avoid another from being injured. In medical negligence, it needs to be established that the medical practitioner acted in a manner that was not widely accepted in Australia by members of the medical profession as competent professional practice.
Damages may only be awarded for Non-Economic Loss if –
+ The injured person’s ability to lead a normal life was significantly impaired for a period of at least 7 days; or
+ Medical expenses have reached a prescribed minimum amount
However, the severity of your injuries will be important for a number of things, particularly when weighed up against potential legal costs and risks, so this is something you should speak to your lawyer about at the earliest opportunity.
+ My health insurer has contributed to my medical cost, what happens to those payments?
At the end of the case our medical negligence lawyers will examine all of the relevant accounts and determine how much your private health insurer has paid for medical treatment which relates to the medical negligence. Your private health insurer will then recover those amounts from the insurer of the wrongdoer. You do not bear these costs.
You have three years from the date of the medical negligence to bring court proceedings. Any time after this you will need permission from the court to bring an action, which is not guaranteed and is not very straight forward.
Typically, the following three things are needed when claiming:
+ The doctor or hospital’s treatment did not meet Australian standards
+ The poor treatment resulting in suffering or injury
+ The physical or psychological harm was a direct result of the negligence.
Medical negligence claims can be complicated. Often the most difficult part is working out ‘causation’. Even if you can prove a medical professional did the wrong thing, you also must prove that what happened next was the result of that wrong-doing and that it wouldn’t have happened if the wrong thing had not been done.
A hurdle that patients must get over in bringing a claim is a law that sets up a defence for all professionals accused of negligence. The law says if the professional acted in a way that was ‘widely accepted’ by the professional’s peers, then they are not liable. So, the professional has to prove that their conduct was widely accepted by their peers at the time the conduct occurred.
The best advice we can give you is to contact our medical negligence lawyers to discuss your potential claim. We are personal injury solicitors in Adelaide, expert in compensation claims relating to personal injuries.
You are entitled to make a claim for pain and suffering damages provided you have demonstrated a threshold level of impairment as set out by law. Even if a permanent level of impairment cannot be proven, it is possible to make a claim for costs of care, out of pocket expenses and loss of earnings.
Yes. Family members can launch a medical negligence claim when the alleged negligence has resulted in death. These claims are restricted to the financial benefit the dependents would have received from the deceased, had they lived. They also don’t cover normal grieving and are restricted to recognised psychiatric or psychological conditions.
To access medical records for a medical negligence claim, you need to ask the hospital where the conduct took place for a ‘Freedom of Information’ request form. Australian hospitals are required to provide medical record access unless the disclosure would have an adverse effect on you emotionally, mentally or physically.