Medical Negligence Compensation Claims
What is Medical Negligence?
Medical negligence refers to harmful acts and oversights committed by healthcare providers. Also known as medical malpractice, being awarded damages for this type of claim can help you recover your health and wellbeing.
Our team of qualified medical negligence lawyers are happy to assist you in making a claim against medical malpractice. We can provide you with expert legal advice and a professional legal representation.
Am I eligible to claim medical negligence?
Under Australian law, all medical professionals are required to provide their patients with an acceptable standard of care. To qualify for a medical negligence claim, you must be able to prove that your healthcare provider failed to meet this standard.
Just because you have suffered a negative outcome after receiving medical care does not automatically entitle you to damages – not all errors and oversights that occur during the course of medical treatment can be classified as negligence, as many procedures are inherently risky.
Medical malpractice claims can be made against a range of healthcare providers, including:
- Allied health professionals
Common examples of medical negligence
Medical negligence can occur in any healthcare setting, although some areas of medicine are especially prone to adverse outcomes caused by a lack of proper care.
These are some common examples of medical negligence:
When a doctor fails to diagnose an injury or illness within a reasonable amount of time, the patient’s condition can worsen and become more difficult to treat.
Prescribing the wrong medication can cause harm in two separate ways:
- They will leave the patient’s symptoms untreated
- Patients may also experience side effects for medication they’re taking unnecessarily
From patients not being properly informed of the risks involved to inadequate post-operative care, negligence can occur in many different ways during the course of a surgical procedure.
Receiving any type of anaesthesia is risky, as just a small miscalculation in the dosage can cause permanent brain damage or even death.
medical negligence Frequently Asked Questions
Expenses and outlays for medical negligence claims can vary between cases. At Sinnamon Lawyers, we provide a No Win No Fee service. Under this arrangement, you will not have to pay for your legal fees if you aren’t awarded any damages. If your case is successful, your legal fees will be deducted from the damages you receive.
The duration of your claim will depend on a range of factors, including its complexity and the willingness of the other side to agree to a settlement.
Some cases can be drawn out for several months. Our medical malpractice lawyers will do everything they can to get your damages awarded quickly. The sooner you can access your compensation, the sooner you can start rebuilding your life.
The amount of damages awarded in medical negligence claims is unique to each case. The compensation you are entitled to will be influenced by your claim’s circumstances and how your quality of life has been altered. If you can no longer work and require ongoing care, you may qualify for a more significant amount of damages.
Any out-of-pocket expenses you have had to cover is also an important consideration, as well as pain and suffering. Our qualified medical negligence lawyers can advise you on an appropriate compensation amount after reviewing your case.
As with many personal injury claims there are time limits for making your medical negligence claim. The exact time limits vary between states and territories and you should seek legal advice as soon as possible to ensure you meet your state or territories guidelines.
Generally, you will have three years from the date of your injury to make a claim.
In order to gain compensation for medical negligence cases you must be able to prove that the treatment you received from a medical practitioner fell short of an acceptable standard. You must also be able to show that if the correct care were given, the accident or injury would have been avoided. Seek legal advice straight away to determine if you have a medical negligence case.
If you believe that you have endured medical negligence you should seek legal advice. Contact our team for an obligation-free phone call about your case. We will be able to assess your situation and give advice on your best course of action.
Whether you are sure that you have a medical negligence claim or not you should seek legal advice. Our lawyers will be able to determine over the phone whether you have a case that you should pursue. Our phone consultations are obligation free and our lawyers work on a no win no fee basis.
If you’re trying to recover from an injury or illness caused by medical negligence, contact Sinnamon Lawyers to arrange a free consultation today. We can assess your case and advise you on the best course of legal action.
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