Medical Negligence Compensation Claims

What is Medical Negligence?

Sinnamon Lawyers No Win No Fee Medical Malpractice Lawyers

Medical negligence is the failure of a healthcare provider to take reasonable care to avoid injury, or negligence which resulted in the death of a person under their medical care. 

 

Medical malpractice claims can be made against doctors, nurses, dentists, pharmacists and allied health professionals.

 

Examples of medical malpractice include:

  • Failure to diagnose or misdiagnosis
  • Misreading or ignoring laboratory results
  • Recommending and performing unnecessary surgery
  • Making surgical errors or wrong site surgery
  • Failing to provide proper medication or dosage
  • Providing poor follow-up or aftercare treatment
  • Discharging from the medical facility too early 
  • Failing to regard or consider patient history
  • Failing to order proper testing
  • Failing to recognise symptoms

How Do You Prove Medical Malpractice?

Our team of qualified medical negligence lawyers are here to assist you in making a medical negligence claim. We can provide you with expert medical negligence legal advice and represent your medical negligence case in the best possible way.

 

To make a strong medical negligence claim and gain the best medical negligence compensation, we will work with you to show that your practitioner failed to fulfil their duty of care for you. This may include, but not limited to the following:

  • Physician-patient relationship with the healthcare provider you are suing (i.e. you hired the healthcare provider and the healthcare provider agreed to be hired)
  • The healthcare provider was negligent, providing less than the appropriate medical standard of care
  • The healthcare provider’s negligence caused the injury or death
  • The injury led to specific damages (i.e. physical and mental anguish, additional medical bills or loss of income)
  • The healthcare provider failed to provide a reasonable diagnosis, leading to a harmful outcome
  • The healthcare provider administered your treatment incompetently
  • The healthcare provider failed to warn about the known risks of the procedure or course of treatment
  • If you think you have solid grounds to make a medical negligence claim against the medical practitioner, contact our medical malpractice lawyers as soon as possible.

If you think you have solid grounds to make a medical negligence claim against the medical practitioner, contact our medical malpractice lawyers as soon as possible.

 

As with all personal injury cases, there are strict time limits for making a medical negligence claim. The faster you act, the better chance we have of getting the compensation you deserve.

 

Reach out to our medical lawyers today to arrange an obligation free appointment or for legal advice on your medical negligence claim.

How to Start a Medical Negligence Claim

Making a medical negligence claim against a medical practitioner is challenging, however, if you are serious about lodging a medical negligence claim, our lawyers can provide you with the advice you need.

 

Our lawyers will help you gather all the evidence and documentation you will need for your claim and assist you through the process.

 

Our lawyers operate on a no win no fee basis, so you will only be charged when you win your case. Contact our lawyers today for an obligation free discussion about your case.

Collect Evidence

To lodge a successful medical negligence claim it will be crucial to provide credible evidence such as a medicolegal report from an independent health specialist to support the medical negligence claim.

 

Our lawyers will help you through the list of evidence that can be used to prove medical negligence as soon as you engage us on your case.

Give Notice of Claim to the Medical Practitioner that Caused the Injury

It is important to note, the Queensland law requires the person considering court action to give notice to the person they want to file the claim against.

 

Following this, a compulsory conference must be organised to identify and clarify the issues in the dispute, propose a settlement that will be appropriate to resolve the dispute. Our experienced lawyers will help you through this process.

File Medical Negligence Claim in the Court Registry

When a settlement is not reached at the compulsory conference, there is a 3-month window from the date of the compulsory conference to file and serve the medical practitioner with a claim in the appropriate court.

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. 

There are strict limitation periods that apply to these claims, so for further information, please complete the online enquiry or give us an obligation free call.

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