Medical Negligence Claims
What is Medical Negligence?
Medical negligence, also referred to as medical malpractice, is a phrase used to describe circumstances where the duty of care owed to a patient by a doctor, hospital or allied health professional is breached and as a result of the breach, the patient suffers injury, loss and damage.
Medical negligence generally falls into one of the following categories:
- Whether the treatment undertaken was indicated;
- In the provision of advice with respect to the medical treatment and any risks associated with the treatment;
- The provision of the medical treatment; and
- The post treatment care provided.
The types of medical providers you can claim against include general practitioners, surgeons, specialist doctors, public and private hospitals, dentists and allied health professionals such as physiotherapists and chiropractors.
Given the complexity of medical treatment, sometimes treatment does not go as expected and this does not necessarily mean there was negligence involved. Evidence needs to be obtained to establish that the treatment was not provided with due skill, care and attention and in accordance with competent professional practice at the time the treatment was provided.
When can you consider a medical negligence claim?
If you have suffered an injury or illness or you are a dependent of someone who has died as a result of an injury or illness caused by the negligence of a medical practitioner, hospital or any other health services provider, you may be entitled to claim compensation for your injury, loss and damage. This is known as a medical negligence claim.
At Andersons, we can provide initial advice on your particular circumstances free of charge and assist you with the claims process should we consider an investigation into the circumstances is warranted and you wish to pursue a claim.
Pregnancy & Birth Injury Claims
If your enquiry relates to a negligence claim relating to pregnancy or the birth of a child, you can read more information on the birth injury claims page.
What Time Limits Apply?
Generally, you have 3 years in which to lodge a claim for injury, loss and damage arising from negligent medical treatment. In limited circumstances, an application for an extension of time may be possible.
It is essential that you get legal advice about a potential claim from a lawyer experienced in medical negligence claims early. Make sure it is well before the 3 year time limit in order to avoid a claim becoming statute barred, to ensure all of the necessary investigations can be carried out and to ensure you’re complying with all court rules that may apply.
If the claim involves a child who was under the age of 18 at the time of the negligent act, the 3 year time limit begins once the child turns 18 and they have until they are 21 to lodge the claim. However, even in such circumstances, it is necessary for the claim to be investigated as early as possible to preserve evidence and to notify the negligent party of the claim within 6 years of the date the claim arose. The limitation date is further extended for people suffering from a mental incapacity.
When should you speak to a Medical Negligence Lawyer?
It is important to seek professional advice early from a personal injury lawyer experienced in medical negligence claims. At Andersons, we have a team of experienced medical negligence lawyers who can assist you with the investigation of a claim and the entire claims process.
No Win, No Fee
We understand that for many people who have experienced medical negligence, they may not be able to pay up front for a lawyer to assist them in getting the compensation they deserve. In the majority of cases our medical negligence team will offer to represent you on a no win no fee basis meaning that no legal fees are payable by you in circumstances where your claim is unsuccessful.
When you contact us, we will offer you a free, no obligation thirty minute telephone or in person meeting to discuss your claim and the process involved where we can discuss the No Win, No Fee arrangement with you.
For most medical negligence claims, we offer either a deferred payment arrangement or no win no fee arrangement depending on the circumstances. Either way, we do not charge you any legal fees until the conclusion of your claim. For most claims, the insurer will pay a significant contribution towards your legal fees.
What else might I have to pay?
You will be responsible for paying for the cost of out-of-pocket expenses (referred to as disbursements), such as medical records and reports. However, in many cases there are options for third party funding of disbursements such as through the Litigation Assistance Fund, subject to meeting the eligibility requirements or arrangements can be made for instalment payments, which our lawyers can advise you on.
How Can Andersons Help With Your Medical Negligence Claim?
The majority of claims settle out of court and well before a trial.
Andersons have assisted many clients to obtain compensation payouts for injuries sustained as a result of negligent medical treatment, and cases can and do succeed.
Medical evidence from appropriate specialists can be obtained when the facts in a case support the position that a doctor and/or hospital has breached the duty of care owed to a patient and damage has resulted from that breach.
The types of compensation that can be obtained include pain and suffering, past and future loss of earning capacity, past and future medical expenses and past and future care needs.
To find out more about what is involved in investigating and pursuing a medical negligence claim we invite you to contact our medical negligence team for a no obligation first free interview where we can discuss your personal circumstances and the likelihood of a claim. As this first meeting is free, you really have nothing to lose.
NO WIN, NO FEE.
You won’t pay legal fees if
your claim is unsuccessful.