Medical negligence is a civil wrong governed by the rules and protocols of the court. You may be awarded compensation for medical negligence that causes injury or loss. If you think that you are a victim of medical negligence, then it is time you got some help. Our medical negligence lawyers are experts who deal with clinical cases across Australia. If you have been hurt or injured by a dentist, a doctor or a nurse or anyone in the healthcare industry, call us today.
Medical Negligence Definition
The definition of medical negligence in Australia can vary dependent on location. However, in general, it occurs when a medical practitioner acts with less skill than would be expected of a qualified practitioner. A court of law will judge the doctor’s behavior which is why you need to be represented by a lawyer who specializes in medical negligence cases.
There are time limits on all personal injury claims. A lawyer will help you file a personal injury compensation claim within the time frame. If that time limit is exceeded, then you cannot pursue the compensation claim.
There are numerous negligent acts by a doctor which may result in legal action for compensation.
These negligent acts may include the following.
• failure to diagnose
• delay in diagnosis
• treatment delays
• errors in the medication
• errors in the prescription
• complete misdiagnosis
• inadequate treatment
• careless surgery
• not disclosing the risk to the patient
• not referring a patient to the specialist
• not correctly interpreting medical results and examinations
• loss of medical records
Negligence Law in Australia
In Australia, each state or territory has slightly varying medical negligence law. You will find some areas where there is legislation for medical negligence and in some areas, the common law applies.
The judges apply absolute standards under common law, and the court will not judge the doctor by comparing it to other medical practitioners.
Medical Negligence Lawyers - Compensation Awards
You should instruct a medical negligence lawyer in Australia to ensure that you have the opportunity to claim compensation. The lawyer will calculate all the damages and then pursue the lawsuit in the court. The court will decide the amount of compensation based on the witnesses and circumstances.
Our lawyers operate a no win no scheme otherwise known as a ‘conditional fee arrangement’. What it means is that once the case has been accepted by the medical negligence lawyer as viable with a reasonable chance of success, the lawyer will finance the legal case in full which usually includes paying for all medical records and medical specialists’ opinions to support the compensation claim. In the event of a successful outcome legal charges will be taken out of any compensation awarded in the form of a pre-agreed percentage. There are no hidden surprises and the terms of the no win no fee arrangement are outlined in full and in writing prior to commencement of the claim. Not all no win no fee arrangements are the same with some lawyers expecting you to pay all out of pocket expenses in advance. You need to take care when instructing a lawyer to get the best deal.
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