Hospital Care Claims

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

Hospital Care Claims

Medical negligence can occur at any point during admission to a hospital. It can happen in an emergency department, by hospital staff during routine admissions, or even upon discharge from the hospital if there is a failure to provide necessary medications, instructions or referrals.

In most circumstances, a hospital is responsible for the acts and omissions of its employees (which include doctors, nurses, medical technicians, radiologists and other medical professionals). When the treatment and care of a patient does not meet the accepted standard, then this could result in injury, illness or damage to the patient.

During admission to the hospital, a patient has the right to expect that an acceptable standard of care is met. This is true when taking a proper medical history, diagnosing a condition or illness, or being referred to an appropriate specialist. A hospital’s and its employees’ failure to provide an accepted standard of care, resulting in injury or damage to a patient, would entitle the patient to compensation for medical negligence.

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What You Need To Know

Are You Eligible to Make a Medical Negligence Claim?

If you have suffered an injury, loss or damage as a result of the care provided by hospital staff, then you may be entitled to a claim for damages.

It is not enough to establish a claim due to a poor outcome resulting from your medical treatment. To prove medical negligence, you need to show that the treatment you were provided with by a medical professional was negligent and that the treatment provider breached their duty of care to you.


Why Are Brydens Lawyers the Best Representation For You?

At Brydens Lawyers, we specialise in the prosecution of medical negligence cases. We have a dedicated team of medical negligence lawyers, 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 medical malpractice experts are highly skilled in their field of expertise, reviewing medical records and liaising with medical experts. We also understand that dealing with any medical negligence matter can be a difficult and challenging period in someone’s life, and we aim to provide supportive and understanding services to our clients who are dealing with such matters. This is why we strive to break down complicated legal and medical issues by translating jargon and simplifying processes so that our clients are kept properly informed every step of the way.

Brydens Lawyers is a ‘No Win – No Fee’ law firm. This 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. That is, if the claim is unsuccessful, we do not get paid. If you would like to learn more about this policy, then you can find out more information on our no win – no fee page.


What Are You Able to Claim for Medical Malpractice?

If you are seeking medical negligence compensation, then there are different types of damages that you can claim:

  • 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 negligence law and personal injury law can be complex, and 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 To Consult a Medical Negligence Lawyer About Making a Claim

If you have suffered from any form of medical malpractice due to negligence caused by a medical professional, then you should seek expert legal advice and representation. This is important because there are strict time limits around lodging a medical negligence claim, so even if your treatment is still ongoing, you must consult a legal representative early to ensure your claim is lodged within the allowed timeframe.  


Our Experience

We Are the Experts When it Comes to Medical Negligence Claims

We can help you make sure your medical negligence claim is successful. Here are just a few examples of clients we have been able to help:

Client matter:

A Hospital Emergency Department failed to identify our client’s appendicitis and she was sent home without treatment. She suffered serious complications as a result of the delay in surgical treatment, including the removal of part of her bowel.

The outcome:

She was entitled to claim for pain and suffering, past and future loss of income, past and future medical expenses.

Client matter:

Our client sustained a severe cut to her forearm and sustained permanent nerve damage as a result of emergency department staff’s failure to recognise that her nerve had been severed and to arrange prompt surgical intervention.

The outcome:

She was entitled to recover damages for her pain and suffering, medical expenses and loss of income.

Client matter:

Our client was misdiagnosed with a hairline fracture and was sent home with inappropriate advice regarding weight bearing on the affected limb. The fracture was made more severe by the inappropriate discharge instructions and resulted in a permanent leg length discrepancy.

The outcome:

She was entitled to recover damages for pain and suffering, past and future medical expenses and past and future care.

Client matter:

Our client gave birth by way of caesarean section and the hospital staff failed to monitor her condition and provide appropriate treatment, which resulted in haemorrhaging and required a return to the theatre.

The outcome:

She was entitled to recover damages for pain and suffering, past and future medical expenses, past and future care and past and future economic loss.

If you are looking to claim medical negligence compensation, then Brydens Lawyers can help. With more than 50 years of experience, we can assist you in making a successful medical negligence claim. To find out how Brydens Lawyers can help you, get in contact with us today.

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