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 lawyer will review your medical negligence compensation claim and phone you immediately.
Our medical negligence compensation solicitors are in Adelaide, Brisbane, Canberra, Melbourne, Perth, Darwin, and Sydney. Do yourself justice - give us a call.
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.
Overview of Medical Negligence
Medical negligence is a legal term that occurs whenever a patient is harmed by a medical professional, usually a doctor. Legal rules around medical negligence vary from state to state but there are some general rules that apply to all cases.
There are a number of situations that need to be held true before a malpractice claim can be heard. These include the following:
- You need to prove that there was a doctor-patient relationship at the time of the incident. You must have presented to the doctor and the doctor must agree that you are the patient. It can't be a situation such as you'd find at a cocktail party when the doctor gives you off the cuff medical advice. Sometimes there is a situation where there is a consulting physician that gave advice to your doctor and this led to an injury. This is a sticky situation and one that has to be worked out in the court system.
- The doctor must have been negligent. You must show that the doctor behaved in such a way that a skilled and reasonable doctor in the same specialty would not have done. You must show what the standard of care should have been in your situation and that this standard of care was not met. This usually involves finding one or more expert witnesses who practice medicine in the field of medicine the doctor is in who can say what the standard of care should have been in the situation you were in.
- You must show that the act of negligence resulted in your injury. It is a big problem sometimes to prove this aspect because many people are already injured or sick prior to seeing the doctor so it may not have been negligence if the injury was more a factor of the patient's prior condition. For example, if a person had stomach cancer and the doctor was negligent in treating the patient. What was the bigger factor in the patient's subsequent death: the doctor's actions or the cancer itself. This is a case that medical experts have to argue out.
- The injury has to have led to specific damages. There must have been some harm as a result of the healthcare provider's actions. Some examples of harm include prolonged physical pain, additional medical bills, mental anguish and loss of work or future earning capacity.
There are many categories or types of this problem. They fall into one of the categories defined below:
- When the doctor fails to diagnose the illness. If the doctor missed the diagnosis or if the doctor made a diagnosis different from the correct one, this represents medical malpractice if the diagnosis made correctly would have led to a better outcome for the patient. If this is the case, the patients medical negligence compensation solicitor may have a claim against the doctor.
- If the doctor fails to warn the patient of known risks. This can happen if the doctor fails to warn the patient of a surgical risk and the patient suffers an injury. This can also occur if the doctor fails to tell the patient of common side effects of a drug and the patient was injured by taking the drug.
- If the doctor performs treatment that was improper. If the doctor performs a treatment that no competent doctor would have done, there may be a case involving the doctor’s treatment. The doctor can also pick the right treatment but can do it incorrectly, resulting in injury.
There are specific rules and requirements involving medical negligence cases that are important for you to know. Some of these include the following:
- There is a specific statute of limitations for this type of case. Sometimes the statute of limitations is when the doctor performed the negligent act and other times it is when the patient should have reasonably discovered the damage.
- Most cases involve expert testimony and in fact, it is crucial to the case to have this type of testimony. An expert is required so as to state what the doctor should or should not have done in the case. Expert testimony exists on both sides of the law suit and they often disagree. It is up to the court to decide which expert was the most credible. The state must decide which constitutes a qualified medical expert and in which field of medicine.