Are You Eligible to Make a Medical Malpractice Claim?
If you have suffered an injury, loss or damage as a result of the medical negligence provided by a doctor or general practitioner, then you may be entitled to a claim for damages.
It should be noted that a poor outcome resulting from your treatment does not in itself establish an entitlement to claim. What needs to be proven is that your treatment was provided in a negligent manner and that the treatment provider breached the general practitioner's duty of care to you.
Some examples include:
Failure to refer a patient for investigations or to a specialist.
Misdiagnosis of a condition.
Delayed diagnosis of a condition.
Failure to diagnose a condition in circumstances where a patient has reported signs and symptoms which should have alerted the doctor to a condition or triggered a request for tests or investigations.
Failure to act on abnormal pathology or radiology results.
A key aspect of proving a medical negligence claim against a general practitioner is establishing that the treatment provided did not align with peer professional opinion at the time treatment was administered. That is, the general practitioner did not provide care which would have been widely accepted by other general practitioners as reasonably competent at the time the treatment was provided. A patient who can show that they have suffered an injury because of a general practitioner’s failure to provide care which was in accordance with peer professional opinion can bring a claim against the general practitioner for damages.
Why Are Brydens Lawyers the Right Representation for You?
Brydens Lawyers are the experts in the prosecution of medical negligence cases with a dedicated medical negligence department and a panel of medical experts available to give evidence in court. If required, our panel can provide court evidence against doctors, hospitals or other healthcare practitioners who have been negligent in the treatment of their patients.
Brydens Lawyers specialises in reviewing medical records, liaising with medical experts and explaining complicated legal and medical issues for our clients. Medical negligence law can be complicated, and by translating jargon and simplifying these complex processes, we can help our clients stay informed throughout the compensation claim process.
Brydens Lawyers operates with a ‘No Win – No Fee’ policy. This policy means that if a personal injury or compensation client is unsuccessful in their claim, then Brydens Lawyers will not raise a tax invoice for having acted on behalf of the client. If the claim is unsuccessful, we do not get paid. If you would like to know more about our no win – no fee policy then please visit our no win-no fee page.
What Am I Able to Claim?
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.
Medical malpractice claims vary. 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 malpractice due to negligence caused by a medical professional then you should seek proper legal advice and representation. 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.
At Brydens Lawyers, we understand that any kind of medical negligence compensation claim can be a difficult and stressful matter to undertake for the person involved. Our team of professional medical negligence lawyers are here to help you receive the outcome you deserve with our supportive services and expert advice.
