An adverse outcome from medical treatment is, in our experience, one of the most debilitating injuries that can be suffered in the area of injury compensation.
Medical negligence (sometimes called malpractice) arises when a patient of a doctor or hospital or other medical provider provides treatment that falls short of the required standard and causes injury/financial loss.
You do have rights if you have been a victim of medical negligence or malpractice.
You can bring a claim against the medical practitioner, hospital or other medical provider and our Medical Negligence Lawyers can help. Very strict time limits apply and we recommend that you act without delay.
As part of the medical negligence process it is important to find out what went wrong in the treatment or medical procedure. It is also imperative to ascertain why it went wrong. This is important for your negligence claim but also for your own wellbeing.
The Claim
In order to succeed with a medical negligence claim it is simply a matter of establishing that the medical treatment you received fell short of the standard of a reasonably competent practitioner. You can recover compensation due to malpractice for the following:
- Damages for pain and suffering due to medical negligence
- Lost wages/income (past and future) as a result of malpractice
- Medical expenses (past and future)
- Miscellaneous out of pocket expenses
Time limits apply
Strict time limits apply to bringing a claim so we recommend that you speak with one of our experienced Medical Negligence Lawyers as soon as possible.
Can I recover my mounting medical and rehabilitation bills up front or do I need to wait until the end of the claim?
If the insurer admits liability (which it often does) at an early stage, we can ask the insurer to reimburse you for those expenses before the claim is finalised. Each request will be looked at on a case by case basis by the insurer. However in most cases, the insurer will look at reimbursing you for those expenses at a relatively early date.
How long will the claim take?
This depends on the severity of your injuries and the circumstances of your accident.
As a rule of thumb, we arrange for you to be examined by our preferred medical specialist at 9 to 12 months after the accident. That medical specialist is asked to answer a number of important questions including how severe your injuries are and what is the likelihood that those injuries will have an impact on your ability to work in the future.
Once the specialist medical evidence is obtained, it is then a matter of assessing the value of the claim.
In our experience, most straightforward cases are completed between 12 months and 2 years from the date of the accident.
If there is something peculiar about your case or it is more complicated, it could take longer.
I want to bring a claim for damages as a result of the medical negligence- but is there any other body I can complain to about the poor medical treatment I have received
Yes. You can make a complaint to the Health Quality and Complaints Commission.
If I bring a claim against the doctor or hospital at fault, do they have to pay?
No, the doctor or hospital will have an insurer. The claim will be handled by that insurer and the damages will be paid out by that insurer.
Is it worthwhile bringing a claim – I’m not sure whether my injuries are severe enough?
What can I claim for?
- You can claim for:
- Damages for pain and suffering
- Past loss of wages or other income
- Future loss of income
- Past and future medical expenses
- Out of pocket expenses
If you need domestic assistance around the house for things that you once did before the accident e.g. washing clothes, mowing the lawns, cooking etc, you can make a claim for the total number of hours of assistance provided by family members or friends.
For example, if for a period of 12 months after the accident you received 9 hours of
assistance per week with cooking, cleaning around the house, washing and hanging out clothes, ironing etc, a claim can be made at the appropriate hourly rate for that assistance
