Medical Negligence

Medical Negligence

Doctors, dentists, nurses, physiotherapists, optometrists and all other healthcare professionals provide essential services that we rely upon at one time or another in our lives. However, when there is a failure in the standard of care provided by the healthcare professional the ramifications can be devastating. These consequences affect not only the patient who has suffered from medical negligence, but also their family.

Claims for medical negligence, otherwise known as medical malpractice, can be made by the person who has suffered the injury as a result of the misconduct. In some cases, a claim can also be made by family members who have sustained mental harm as a result of the injury to their loved one. In other cases, if a person has died due to the negligence of a healthcare provider, then dependents of the victim (such as children or a spouse), can often make a claim themselves for loss of dependency and mental anguish.

If you have suffered injury, loss or damage due to the failure of a doctor or healthcare provider, then you require the support of an experienced and knowledgeable team of medical negligence lawyers. At Brydens Lawyers, we have the skills and experience to help you prove your medical negligence claim.

Understanding the complexities of Medical Negligence claims

When suing a doctor, a hospital or other medical professional, there are matters of professional reputation at stake and often the interests of a medical professional indemnity insurance company. This means that most medical negligence cases will usually be defended more vigorously than a public liability claim or a motor vehicle accident, for example.

Medical negligence claims are one of the most difficult areas of personal injury law. The law requires that the injured person prove that they have suffered injury, loss and damage as a result of the healthcare professional’s failure to meet the standard of reasonable care and skill. In Australia, this is determined by peer professional opinion at the time the treatment was provided.

This can require very specific evidence to establish a successful medical negligence claim and often will involve multiple layers of evidence. As a result of these additional requirements in medical negligence claims, law firms and medical negligence lawyers need to be very knowledgeable about both medical negligence law and medicine itself.

If you have suffered injury, loss or damage due to medical malpractice, then Bryden Lawyers’ caring team of dedicated medical negligence lawyers can help. The experts at Brydens Lawyers are skilled professionals with in-depth knowledge of medicine and health services. We know that being injured as a result of the failure of a trusted healthcare professional can be a distressing and sometimes overwhelming experience. We are here to help you through this difficult time and will work with you to achieve a just and fair outcome on your behalf.

Are you eligible to make a Medical Negligence claim?

If you have suffered injury, loss and damage as a result of the negligent treatment provided by a doctor, dentist, hospital or other healthcare provider, you may be entitled to claim compensation.

It is important to note that a poor outcome from the medical treatment provided does not in itself establish an entitlement to a medical negligence compensation claim. What needs to be proven is that the treatment provided was undertaken in a negligent manner, and that the provider of that treatment has breached their duty of care.

Why are Brydens Lawyers the right representation for you?

Brydens Lawyers are experts in the prosecution of medical negligence cases with a dedicated division of specialist medical negligence lawyers. We also have a panel of medical experts available to provide evidence in court in any claim against a doctor, hospital or other healthcare provider who has been negligent in the treatment of a patient.

Brydens Lawyers specialises in reviewing medical records, liaising with medical experts, and explaining complicated legal and medical issues to our clients in a way that breaks down jargon and complex industry terminology. As a client of Brydens Lawyers, you will be kept properly informed every step of the way.

For 50 years, Brydens Lawyers has been operating a no win – no fee policy for our professional time spent on the investigation of your claim. Simply put, this policy means that if a personal injury or compensation client is unsuccessful in their claim, Brydens Lawyers will not raise a tax invoice for having acted on behalf of the client. So if the claim is unsuccessful, we do not get paid. More information about how this works can be found on our no win – no fee page.

What are you able to claim?

The types of damages available in medical negligence compensation claims can include:

• Non-economic loss which, includes damages for pain and suffering. 

• Past and future medical treatment expenses and out-of-pocket expenses. 

• Loss of income and any damage done to your ability to earn an income in the future. 

• Past and future loss of superannuation benefits.

• Past and future paid services such as home cleaning or nursing assistance.

• The value of services provided to you by family and friends without charge.

• Past and future medical aids and equipment such as wheelchairs.

• Home modifications such as those required to make a home wheelchair accessible.

• Vehicle modifications.

• Additional costs incurred in connection with continuing disabilities, for example, additional cost of holidays due to special needs.

• A contribution towards your legal costs and disbursements. 

 Damages are very specific to each individual medical negligence claim. The assessment of the damages to which you would be entitled is a central part of the service provided by the Brydens Lawyers expert medical negligence team.

When should you consult a lawyer about making a claim?  

If you have suffered as a result of any medical negligence, then you need to engage proper legal advice and representation from an expert medical negligence lawyer. There are strict time limits around the lodgement of a medical negligence claim. So even if your treatment is continuing, you should consult an expert legal representative as soon as possible to ensure that your claim is lodged within the allowed time frame.