Talk to an expert about making a medical negligence claim. Our medical negligence lawyers deal with all claims.
We offer an initial consultation for people who were injured by a clinical mistake or medical accident. When we know exactly what happened, we will provide you expert legal advice; and advise whether your medical negligence claim can be dealt with on a conditional costs agreement Contact an expert lawyer today.
Our Clinical and Medical Negligence Lawyers have obtained hundreds of millions of dollars in compensation for people injured by health care professionals in hospitals, private and clinics doctor’s surgeries. We do understand that the idea of claiming compensation might feel a bit intimidating, especially at a time when you are feeling vulnerable; but be assured that there are laws in place to protect you.
If you’ve experienced negligent treatment, surgery or advice by your medical provider, you may be able to make a claim for compensation and they may be liable for any harm caused.
Who can make a claim?
This area of the law is complex. Even if you’ve received negligent treatment or advice, you cannot make a claim if you haven’t suffered harm or injury.
To make a successful claim, you’ll need to be able to prove that:
. There was negligent treatment on the part of your medical provider (more than a reasonable mishap or mistake)
. The treatment caused an injury or harm that otherwise wouldn’t have happened
Our expert Medical Malpractice Lawyers Brisbane can help you understand your legal options and if you have grounds for a compensation claim.
What’s considered negligent treatment?
Examples of negligent treatment that you may be able to claim for include:
- Misdiagnosis of medical conditions, including:
- delayed diagnosis
- Incorrect or wrongful diagnosis
- Failure to make any diagnosis
- Cancer misdiagnosis, including:
- Failure to detect early signs of cancer
- Non-cancerous condition wrongly diagnosed as cancer
- Failure to refer for testing or specialist review
- making an existing condition worse
- Failure to obtain informed consent, including adequate warning of the risks and possible complications
- Injury due to surgical mistakes
- Medication errors, incorrect drug treatment or drug reactions
- Failure to provide the appropriate treatment or referral
- Failure to provide post-operative care with reasonable care and skill
- Incorrect reporting on test results
A medical provider can include:
- a hospital
- nurse or assistant
- Lab personnel
- other health professional.
Time limits for making a claim
The compensation and benefits you may receive depend on the severity of your circumstances, the law you’re covered by and the state you live in. In some states there’s a threshold that determines how significant or severe an injury has to be before you’re entitled to claim damages for pain and suffering.
The compensation you may receive is usually awarded as a single lump sum payment.
Your compensation can cover past, present and future expenses and losses including:
- direct medical expenses
- allied healthcare expenses
- medical and domestic assistance
- loss of income and future earning capacity
- payment to compensate for pain and suffering and loss of enjoyment of life.