Are You Eligible to Make a Medical Negligence Claim?
If you have suffered an injury, loss or damage as a result of the treatment provided by a paramedic, emergency service personnel or a medical professional, then you may be entitled to a claim for damages.
A poor outcome resulting from your treatment does not in itself establish an entitlement to claim. What needs to be proven is that the treatment was provided in a negligent manner and that the treatment provider breached their duty of care to you.
To make a medical negligence compensation claim against a paramedic or emergency service personnel, you will need to show that:
a paramedic failed to provide care which was of a reasonable level of competence as understood by what is widely accepted as competent paramedic practice in Australia at the time the treatment was provided; and
that this failure has caused the patient injury, loss or damage.
Why Are Brydens Lawyers the Best Representation for You?
Brydens Lawyers are the experts in the prosecution of medical negligence cases. We have a dedicated medical negligence department and a panel of medical experts available to give evidence in court against emergency service personnel or paramedics who have been negligent in the treatment of their patients.
Our firm specialises in liaising with medical experts and reviewing medical records. We help our clients by explaining complicated legal and medical issues in a way that simplifies jargon and removes any potential confusion. This is to ensure that our clients are kept fully informed during this process, so they can understand what is involved in a successful medical negligence claim.
Brydens Lawyers is a highly respected firm of ‘No Win – No Fee’ lawyers. This policy means that if your personal injury or compensation claim is unsuccessful, then Brydens Lawyers will not raise a tax invoice for having acted on your behalf. That is, if the claim is unsuccessful, we do not get paid. If you would like to learn more about this policy, visit our no win – no fee page for more information.
What Are You Able to Claim?
Medical negligence law can be complex. We can help you understand the kind of compensation you may be entitled to if you are the victim of medical negligence. Some of the types of damages available in medical negligence claims can include:
Non-economic loss which includes damages for pain and suffering.
Past and future medical 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’s situation and assessing your claim for damages will be a central part of the service provided to you by our medical negligence team.
What Legal Fees Are Involved in a Medical Malpractice Claim?
All medical malpractice claims vary, and as such our professional fees will differ depending on the type of claim and the compensation you are seeking. There are various court fees you will need to pay if the case goes to court, and the team of medical negligence lawyers at Brydens Lawyers can help you better understand these types of fees.
As a firm of no win – no fee personal injury lawyers, Brydens Lawyers will not raise a tax invoice if your case is unsuccessful. To find out more information about our professional legal fees and to arrange a costs agreement, contact us today.
When Should You Consult a Lawyer About Making a Claim?
If you are the victim of medical malpractice then you should engage a medical negligence lawyer as soon as possible. By consulting the team of professionals at Brydens Lawyers, you are expert proper legal advice and representation that can help you get the compensation you deserve.
It is important to note that there are strict time limits around lodging a medical negligence claim, so even if your treatment is ongoing, you must consult a legal representative early to ensure your claim is lodged within the allowed timeframe.
