Medical Negligence Compensation Solicitors - Personal Injury Claim Lawyers
Our medical negligence compensation solicitors operate a specialist personal injury claim service. Our lawyers deal with claims using a no win no fee arrangement which means that if you don't win then you don't pay them their professional costs. If you would like advice at no cost from medical negligence compensation solicitors with no obligation just complete the contact form or email our lawyers offices or use the solicitors helpline and a specialist medical negligence compensation solicitor will review your personal injury compensation claim and phone you immediately.
Whether your claim involves allegations of poor treatment or misconduct by a doctor, a dentist, a nurse or a hospital, our Australian medical negligence compensation lawyers can advise you of your legal rights and the best course of action to take. Compensation may be available if it can be proven that a health care professional breached their duty of care, for example, by failing to diagnose an illness or injury, or misdiagnosing a condition, or providing the wrong treatment, or failing to obtain informed consent for treatment. If negligence is established, you may be entitled to lump sum payments for pain and suffering for the injury, loss of wages, medical expenses and domestic care services.
There are time limits within which Australian medical negligence compensation solicitors should either settle personal injury claims or arrange for legal proceedings to be issued in a court of law. Failure to comply with these time limits can result in loss of the opportunity to claim compensation. Reference should always be made to a local qualified solicitor to obtain information and advice on these time limits, which vary across Australia, as soon as possible after the event giving rise to the potential claim.
Our medical negligence compensation solicitors are in Adelaide, Brisbane, Canberra, Melbourne, Perth, Darwin, and Sydney.
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Medical negligence compensation negotiated by a personal injury solicitor is intended to put an injured person back in the position that they would have been in had they not been injured. Whilst monetary awards cannot adequately compensate for personal injury it is unfortunately the only system available for making amends. A basis for calculating fair and reasonable damages has developed over the years and is regulated by both national and state legislation and by the precedents of the higher courts when deciding the value of claims. Medical negligence compensation is divided into several sectors for ease of calculation as follows;
General Damages represents medical negligence compensation for items which have no distinct monetary value and which cannot be precisely calculated. This part of an award includes compensation for "pain and suffering" for the injury and for long term disability and "loss of amenity" damages which are intended to compensate for being unable to pursue the lifestyle enjoyed prior to the accident or the lifestyle that could have been expected if the accident had not occurred. Damages are also payable for disadvantage on the open labour market where the injury may restrict opportunity or for loss of job satisfaction where specific employment can longer be pursued as a result of the injury.
Special Damages represents medical negligence compensation for losses and expenditure that can be calculated accurately often by reference to existing documentation such as receipts or records. Most expenses or losses that have been reasonably incurred and arise directly from the accident can be claimed. Losses are often valued with the help of independent experts who prepare recommendations and costings. Items which are claimable by a medical negligence compensation solicitor may include;
- loss of earnings
- futire loss of earnings
- medical costs
- travel expenses
- assistance for household chores
- special care aids
- necessary equipment
- care and assistance
- adapted accommodation
- adapted transport
- general out of pocket expenses
Future losses can be claimed by colon cancer solicitors and a special calculation is applied to the estimated annual loss to arrive at a fair figure for compensation. A discount is applied to this figure to compensate for the fact that the money is paid early in a lump sum which can be invested.
HELPLINE: ☎ 1800 633 634
The author of the substantive medical writing on this website is Dr. Christine Traxler MD whose biography can be read here