Post Operative Care Claims

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

Post Operative Care Claims

A health practitioner’s duty of care to a patient does not cease at the conclusion of an operation or medical treatment. It also extends to post-operative care, where a medical professional must vigilantly monitor a patient’s recovery to ensure that any potential complications are promptly identified and treated to avoid complications. When a health practitioner does not carry out the correct standard of care, this can lead to injury and illness for the patient.

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Examples

Examples of this negligence include:

  • failures to identify infection

  • deep vein thromboses or occlusions of arteries

  • pulmonary embolisms or perforations to organs

If a failure in post-operative care has led you to sustain injury, loss or damage caused by medical negligence, then you may be able to make a claim for compensation.

What You Need To Know

Are You Eligible for Medical Negligence Compensation?

If you have suffered an injury, loss or damage as a result of the post-operative care provided by a doctor, hospital or other healthcare provider, 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. In order to succeed with this type of claim, you need to establish that the practitioner failed to provide an acceptable level of care and that this has directly led to loss, injuries or damages for the patient.


Why Brydens Lawyers Are the Right Representation For You

Brydens Lawyers has more than 50 years of experience in providing legal services in Australia, and we are experts in prosecuting medical negligence cases. Brydens Lawyers has a highly skilled team of dedicated 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.

Brydens Lawyers specialises in reviewing medical records, liaising with medical experts and explaining complicated legal and medical issues for our clients. We will keep you properly updated every step of the way throughout your case.

We also have a ‘No Win – No Fee’ policy. This means that if your personal injury or compensation claim is unsuccessful, then we won’t raise a tax invoice for legal services rendered. Essentially, if we do not win, we do not get paid. If you would like to know about our policy, then please visit our no win – no fee page.


What Are You 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.

Personal injury law and medical negligence law can be complicated, and all 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 your medical negligence lawyer.


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 expert 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.


Our Experience

How Brydens Lawyers Can Help You Make a Successful Medical Negligence Claim

We are experienced professionals when it comes to making successful medical negligence claims. Here are just a few examples of how we have been able to assist some of our previous clients:

Client matter:

Hospital staff failed to action our client’s complaints of pain and numbness in her foot following a total knee replacement. As a result, our client’s acute limb ischemia went unrecognised and she required an above-the-knee amputation.

The outcome:

She was entitled to claim for her pain and suffering, past and future medical expenses, home modifications and medical aids.

Client matter:

Our client underwent gastric sleeve surgery which resulted in a gastric perforation. The treating surgeon failed to admit the leak existed and our client’s treatment was delayed resulting in serious further complications.

The outcome:

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

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