Thousands of wrongful deaths and countless other problems causing serious debilitating injuries occur every year in Sydney as a result of clinical mistakes, however less than 10% of them will be investigated by a specialist medical negligence solicitor. Consultants, doctors, nurses and hospital technicians usually provide a caring service with a high standard of excellence for their patients however there are occasions when things go wrong and if you or your child have been injured or if you are the dependent of someone who has died as a result of a doctors mistake then you may be entitled to financial compensation. Doctors, hospitals and healthcare providers in Sydney are usually insured and must pay compensation if a claim is proven against them.
To succeed in a claim for damages Sydney medical negligence solicitors must show that it is more likely than not that their client has suffered injury which they would not otherwise have suffered but for the negligent treatment. A doctor is negligent if they have fallen below the minimum standard of skill or care which their profession regards as acceptable. After negligence has been proved it is necessary to show that damage has been caused to a patient as a result of lack of care and this can be difficult because the patient was already ill at the start of the negligent treatment. It is usually necessary to show the natural progression of the underlying condition and what the outcome would have been if the treatment had not been negligent thereby establishing what difference the negligent treatment has made. Both the definition of malpractice and limitation periods vary from state to state and it is important to obtain qualified legal advice as soon as possible.
A Sydney medical negligence solicitor can help you to exercise your legal rights to obtain the compensation you deserve. A lawyer ensure that you get a fair deal by using a contingency fee arrangement (no win no fee) which means if you don’t succeed in receiving a compensation settlement then your lawyer won’t get paid.
Sydney medical negligence solicitors usually has a client centred approach and will focus principally on your needs. You can rely on your advocate to take care of your claim in a comprehensive, helpful, sympathetic and professional manner. Your confidentiality will always be respected, and legal issues will be explained clearly and without jargon. Your calls should be answered promptly, and faxes, e-mails and letters will probably be dealt with on the same day as they are received. You will receive a complete professional service from lawyers who specialise in claiming compensation for personal injury caused as a result of medical negligence.
If you are the innocent victim of a medical mistake, then you may be able to recover compensation. For free initial advice without obligation on a no win no fee basis just call a Sydney medical negligence lawyer.
Statute of Limitation
There are time limits which must be adhered to by a medical negligence lawyer for a compensation claim to be successful. All states in Australia have a ‘statute of limitation’ which outlines the time restrictions in regard to filing a claim. This effectively means that if a claim is not settled by consent or if an application for a compensation settlement has not been filed in a court of law prior to the expiration of the time limit the opportunity to claim damages may have been lost forever. There are exceptions for minors (people under the age of 18 years) and for those who are mentally incapacitated. Great care should be taken regarding time limitation and advice about personal injury settlements from a qualified medical negligence lawyer should always be taken at the first possible opportunity. The purpose of having a statute of limitation is to bring finality and certainty to litigation because witnesses die, memories fade, and documentation is often lost over time.
A medical negligence claim is intended to compensate a person who has been injured as a result of erroneous treatment by a health care provider that has caused personal injury, pain and suffering and consequential losses. The term is used to describe any treatment, lack of treatment, or other departure from accepted standards of medical care, health care or safety on the part of a health care provider that causes harm to a patient and can include misdiagnosis, inappropriate treatment, failure or delay in treatment or follow up and prescription errors. Negligence is often not obvious and requires consideration, review and analysis by specialists. In order to succeed in a medical negligence case it is necessary to show that;
- the health care provider owed a duty of care to the patient
- the duty of care was breached
- the patient suffered harm
- the patient’s injury was caused by the breach of duty.
It is usually not difficult to establish a duty of care which exists once a doctor-patient relationship has been formed and takes place when the physician agrees to care for the patient. Even after it is established that a duty of care existed, and the health care provider breached that duty of care by failing to meet the requisite standard of care it will not be possible to recover compensation unless the claimant suffered injuries that were as a direct result of the breach of that duty of care. Claims may be pursued against those who provide medical or health care including, physicians, nurses, hospitals, dentists, nursing homes and pharmacists and may be brought against individuals, partnerships, professional associations and corporations.
The first step in pursuing a claim involves obtaining and reviewing medical records and other pertinent information by a lawyer and by a specialist medical expert. If it is determined that there is case worth pursuing, then written notice of the claim is given to the individuals or entities that are believed to have been responsible. A documentary review by a medical specialist is conducted to determine whether the health care professional failed to meet the appropriate standard of care. Most cases are settled prior to trial and some cases are settled prior to the filing of a lawsuit.