Failure to refer

  • Overview & Examples
  • What You Need To Know
  • Client Reviews
  • Specialising Lawyers
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Overview

Failure to refer

As patients, we visit a doctor or medical professional because we are relying on their expert advice and guidance in relation to a medical issue. There are many different specialities a doctor may have, and it is not usually possible for a patient to determine which speciality is best for them in their circumstances. Patients rely on the doctor whom they are consulting to decide for them whether their medical condition is within the doctors’ abilities and experience to treat.

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Examples

Medical negligence can occur when a doctor fails in their duty by:

  • Not referring a patient to a healthcare professional with a more appropriate speciality, or more specific experience in the treatment of a certain condition.

  • Failing to consult a specialist on a certain medical issue, such as whether medication should be commenced or ceased.

Due to this negligence, critical signs and symptoms may be misinterpreted or overlooked entirely. This could lead to inappropriate medical treatment being undergone, or a delay in the correct treatment needed. These outcomes could have serious consequences for the patient and may form the basis for a successful medical negligence claim.

What You Need To Know

Are You Eligible to Make a Claim?

If you believe you are the victim of medical negligence due to a healthcare professional’s failure to refer you to an appropriate specialist or seek specialist advice, then you may be able to make a medical negligence claim.

It should be noted that a poor outcome resulting from your treatment does not in itself establish an entitlement to claim. You need to prove medical negligence by showing that your treatment was provided in a negligent manner and that the treatment provider breached their duty of care to you. For example, if you have suffered an injury, loss or damage as a result of the negligent treatment provided by a doctor, dentist, hospital or other healthcare provider, then you may be entitled to a claim for damages.


Why Brydens Lawyers Are the Right Medical Negligence Lawyers For You?

Brydens Lawyers are the experts in prosecuting medical negligence cases. If you believe you are the victim of medical malpractice, then we can help. Our firm has medical malpractice lawyers who are experts in their field, as well as a panel of medical experts available to give evidence in court against doctors, hospitals or other healthcare practitioners who have been negligent in the treatment of their patients.

Our specialist medical negligence lawyers are experts in reviewing medical records, liaising with medical experts and explaining complicated legal and medical issues for our clients. This is to ensure that clients of Brydens Lawyers are kept properly informed throughout the process and what is involved in a successful medical negligence claim. Medical negligence law and personal injury law can be complex, and our team of professionals are here to help you navigate the different processes involved in making medical negligence claims.

Brydens Lawyers has a ‘No Win – No Fee’ policy. This means that if your personal injury or compensation claim is unsuccessful, we will not be paid. For more information on this policy, please visit our no win – no fee page.


What Kind of Medical Negligence Compensation Can You Claim?

If you are looking to make a ‘failure to refer’ negligence claim, there are many different types of damages available that you may be able to claim as a victim of medical malpractice: 

  • 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.


When Should You Consult a Lawyer About Making a Medical Negligence Claim?

If you have suffered from any form of medical negligence, then you need to engage proper legal advice and representation immediately. There are strict time limits around lodging a medical negligence claim, so you must ensure your claim is lodged within the allowed timeframe. This is true even if your treatment is ongoing. By engaging the services of a professional medical negligence lawyer, you can ensure that you don’t miss any important deadlines for your medical negligence case.


Our Experience

Why Brydens Lawyers Are the Right Medical Negligence Lawyers For You

With more than 50 years of experience, Brydens Lawyers are here to help you make a successful medical negligence claim. Here are just some examples of Brydens Lawyers clients who were able to make successful claims due to their healthcare provider’s failure to refer:

Client matter:

Our client’s diagnosis of lung cancer was delayed as a result of her general practitioner’s failure to take action on the abnormal result of a chest x-ray undertaken to investigate a cough occurring in the absence of any other upper respiratory tract symptoms.

The outcome:

Our client was entitled to claim for non-economic loss, past and future loss of income, past and future medical expenses and past and future care.

Client matter:

Our client’s general practitioner failed to recognise her acute limb ischaemia, thereby delaying her treatment. As a result of the delay, our client required a below-the-knee amputation.

The outcome:

Our client was entitled to claim damages for pain and suffering, past and future loss of income, past and future medical expenses and past and future care, home modifications and medical aids (including prostheses).

We can help you receive the compensation you are entitled to when seeking claim for medical malpractice. To discuss your case further, contact our team today and discover how we can help you.

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