Torticollis Solicitors - Medical Negligence Compensation - Australia Law
Our toticollis solicitors deal with medical negligence compensation claims using the no win no fee scheme. If you would like advice at no cost and without any further obligation, just use the helpline or email or use the contact form and a torticollis solicitor will call you with information about how to protect your child's legal right to compensation.
Our medical negligence solicitors have offices situated in Adelaide, Brisbane, Canberra, Melbourne, Perth, Darwin, and Sydney. Do yourself justice - give us a call.
The word 'torticollis' has it roots in Latin and translates as 'twisted neck'. Torticollis is generally considered to be a birth injury caused by the negligent use of excessive force or unnecessary traction during birth and delivery which may be considered as medical negligence. Torticollis arises mainly due to damage to the muscles of the neck although there may be some nerve involvement. Torticollis is not usually noticed until a child is over 6 months old and whilst physiotherapy usually cures the condition there are some occasions where surgical intervention is necessary.
In order for a torticollis solicitor to successfully claim compensation for medical negligence in Australia it is necessary to establish four basic elements :-
There must be shown to exist a ‘duty of care’ which indicates that one person has to take care of another’s wellbeing by law. This duty does not automatically exist however the relation ship that exists between most healthcare providers and a patient is sufficient to establish that relevant duty of care. The healthcare provider does not have to be a doctor but can also be a corporate body such as a clinic or health authority and it also includes nurses and technicians.
It must be shown that the duty of care has been breached by negligence, the definition of which depends on which state in Australia that the alleged wrongful act took place. It is sufficient to say that negligence will be proved by an Erbs palsy lawyer if it can be shown that a healthcare practitioner's conduct did not conform to the standard of reasonable care demanded by law in that particular location.
The claimant must have suffered loss however this does not mean just actual financial loss. Pain and suffering also represents ‘loss’ which can be valued in financial terms by a judge when making the award for damages.
The losses claimed must be directly attributable to the negligent action however certain losses may be deemed to remote to claim if the loss is not reasonably foreseeable.
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