Medical Negligence Solicitors – Personal Injury Compensation Claims - Australia

Solicitors Helpline 1800 633 090

Australia has one of the highest incidences of medical negligence in the world. Most of the larger Australian firms of medical negligence solicitors as well as some of the smaller niche firms have a large department dedicated to this type of personal injury. On the face of it medical negligence appears to be similar to other personal injuries however the way it is dealt with in law is very different with a unique definition of negligence and a set of protocols that only applies to this type of legal action. Our solicitors have Law Society Specialist Accreditation in Personal Injury (Medical Negligence). If you would like advice and information on how best to preserve your legal right to receive compensation, at no cost and with no further obligation just call our solicitors helpline or email our offices. If you decide to instruct us in your claim, we will zealously represent you and leave no stone unturned in our quest for maximum compensation. Our medical negligence solicitors offer the no win no fee scheme and compensation is paid in full. You will not have to fund or finance the cost of your solicitor’s time as the case proceeds. If you have been injured by the negligence of a healthcare professional including a doctor, dentist, nurse or technician and would like to speak to a medical negligence solicitor, call us today.

Helpline 1800 633 090

Medical Negligence

The definition of what constitutes medical negligence varies dependant on location. In some states common law applies and a doctor’s behaviour is judged by comparing the allegedly erroneous behaviour with that of peers working in similar circumstances whereas in other places the standard is set by legislation. There are exceptions to the general rules and treatment may be considered to be negligent if it is irrational and peer comparison does not have to be universal provided that a substantial body of medical practitioner would have approved. In all cases the courts will decide the issue following consideration of the evidence and after hearing expert witnesses.

Helpline 1800 633 090

Time Limits

In general terms a compensation must be settled or proceedings must have been issued in a court of law within three years of the date of the negligent incident however there are a number of exceptions. If the harm done is not discovered immediately then time starts to run from the date of a positive diagnosis of the problem. Time does not run against someone who is mentally incapacitated until such time as that person recovers their full mental faculties. Time also does not start to run until the victim achieves the age of 18 years old. The courts have a wide discretion to extend time limits however this is rarely exercised except in very unusual circumstances.

Helpline 1800 633 090

Negligent Acts

There are any number of negligent acts that can result in a medical negligence solicitor taking legal action. The most common issues are outlined below :-

  • failure to diagnose
  • delay in diagnosis
  • delay in treatment
  • medication errors
  • prescription errors
  • delayed care
  • misdiagnosis
  • failure to advice on alternative treatment
  • Inadequate treatment
  • negligent surgery
  • inadequate post-operative care
  • Failure to disclose risk to patient
  • wrong side surgery
  • failure to refer patent to a specialist
  • equipment failure
  • failure to properly interpret text result
  • lost records
  • Helpline 1800 633 090

    Solicitors Compensation Awards

    Medical negligence solicitors divide awards of compensation into two main types being damages that can be accurately calculated on a mathematical basis and damages that must be assessed by a Judge using previous case law as guidance. In addition interest may also be payable.

    Special Damages

  • Loss of Income
  • Gratuitous assistance / domestic care
  • Out-of-pocket expenses
  • General Damages

    In a medical negligence compensation claim this item relates to financial losses which cannot be calculated mathematically but relies on a Judges estimation usually based on the Judges past experience and previously decided cases. General damages include compensation for pain and suffering following the negligent act. General damages can also be claimed for any post-accident change in lifestyle, for loss of congenial employment and for disadvantage on the open labour market.

    Helpline 1800 633 090

    Wrongful Death

    Where death arises from surgical mistakes, GP negligence, medical mistakes and accident and emergency negligence it may be possible to start a wrongful death compensation claim. If you believe that a loved one passed away because of medical negligence you may be able to claim compensation. It goes without saying that a medical practitioner owes their patient a duty of care and if that medical practitioner failed to reach a reasonable standard of care they may be guilty of medical negligence and be liable to pay compensation. Our medical negligence solicitors can help you to claim for pain & suffering, loss of income, psychological distress and loss of quality of life. There are two parts to a wrongful death compensation claim being the deceased's own claim and a claim for the survivor or next of kin or dependant. It is necessary to prove the duty of care, failure to meet the necessary standard of care and make a connection between the failures and the death bearing in mind tat the patient was already ill prior to diagnosis and treatment. You must be in a position of legal entitlement which is determined by family relationship or a proven dependant of the deceased person. The normal rules about time limitation apply in wrongful death cases. It is always advisable for a member of the family or a solicitor on their behalf to attend the coroners inquest to take written notes as the evidence given may be relevant to a subsequent medical negligence compensation claim.

    Solicitors Helpline 1800 633 090

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