Medical Negligence Lawyers - What is a Medical Negligence Compensation Claim?
Medical negligence cases (also known as medical malpractice & clinical negligence) involve the claim for ‘damages’ for injuries caused by the medical negligence of a health care provider (as a result of inadequate skill or care). Health care providers include hospitals, doctors, nurses, midwives, dentists, chiropractors, physiotherapists & osteopaths, pharmacists etc. These health care providers owe the public a ‘duty of care’ – that is, they must provide treatment that is in accordance with a ‘reasonable standard of care’. In these instances, both the patient and/or their family may instigate legal proceedings to claim compensation with a medical negligence lawyer.
Medical negligence can be proved in situations where the health care provider could, or should have foreseen that their actions may have led to an injury. If you believe you have suffered an injury as a result of wrongful treatment from a health care provider, you should immediately seek legal advise from an experienced medical negligence lawyer - it is crucial to demonstrate a connection between the error of the health care provider and the outcome of your injury to claim compensation – with over 50 years of experience, Teakle Ormsby Conn is uniquely positioned to manage your medical negligence claim. We fight and we win!
Examples of medical negligence claims include:
· Misdiagnosis
· Failure to warn
· Failure to provide appropriate treatment
· Failure to provide referral to medical specialist
· Delayed diagnosis
· Failure to properly communicate the risks of treatment
· Failure to perform surgery with ‘reasonable care’ and skill
· Failure to return correct test results
· Failure to provide crucial post-operative care
· Failure to prescribe the correct medication (or excessive dosage)
· Dental injuries (e.g. permanent damage from removal of wisdom teeth)
· Failure to sterilise
· Failure correctly monitor pregnancy/birth
How do Australian Laws Assess the Conduct of Doctors in Medical Negligence Claims?
Australian medical negligence laws (under common law) do not assess doctors with the generally accepted practices of his or her profession. Instead, for your claim to successful, your medical negligence lawyer will need to prove that the conduct of the doctor(s) in question did not conform to the standard of ‘reasonable care’ demanded by law for the industry. Further, many states have implemented laws whereby the courts will assess ‘peer professional opinion’ – that is, whether the doctor at the time the service was rendered acted with competent professional practice as determined by a significant number of respected doctors in the field. The only instance the courts will not consider peer professional opinion are those where the court believes the opinion is ‘irrational’. This relies solely on the evidence presented. However, not every failure or error made by a health care provider will be considered negligent by the courts. Again, it relies on the evidence. Our medical negligence lawyers can advise you on this matter.
What does Medical Negligence Compensation Cover?
Medical negligence compensation is designed to cover a patient’s losses – it does not relate to the degree of negligence displayed by the health care provider.
A medical negligence lawyer may win you compensation payments that include the following:
* a lump sum - compensation for pain and suffering determined on a sliding scale
* Medical expenses for past, present and future treatment
* Past, present and future loss of wages/superannuation
* If applicable, past, present and future care
* Miscellaneous expenses (e.g. wheelchair/motorised transport, home modification)
What should I do if I have a medical negligence claim?
Contact a medical negligence lawyer as soon as possible – strict time limits often apply to medical negligence claims. Claims of this nature are often complex and highly litigated due to the sums of money involved and affect upon the health care provider’s ability to continue practicing. To receive the compensation you are entitled to, it’s important to contact Teakle Ormsby Conn from the outset. Our medical negligence lawyers have helped countless numbers of families receive fair amounts of compensation over the years and are experts with medical negligence litigation.
Teakle Ormsby Conn has been a leader in personal injury compensation and medical negligence claims for over 50 years. We have fought for the rights of victims and their families and have a track record of success in legal proceedings of this nature. Our medical negligence lawyers understand the stress families go through in these situations and are experts at alleviating the pressure by efficiently managing each stage of the medical negligence claim – from the time of injury, to determining compensation levels, to settlement.
Teakle Ormsby Conn can offer a ‘no win, no fee’ arrangement for many medical negligence claims. To see if your case qualifies for a no win, no fee arrangement, contact us today to arrange a free initial consultation with a medical negligence lawyer.
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