Medical Negligence Lawyers

Damages in the form of financial compensation will always depend on the particular circumstances of your case.

However, damages can be broken down into the following four categories:

• Cost of treating the immediate physical or psychological injury
• Ongoing medical costs, such as domestic care to recuperate from long-term injuries
• Non-economic (pain and loss) damages for psychological or emotional distress
• Loss of earnings or superannuation if the incident leaves you unable to work

In all cases, the negligence and the harm suffered need to be linked to the loss. So, for example, if you have been unable to work for an extended period, you need to be able to prove that it was because of the injury or worsening medical condition, which in turn was a result of negligence.

If you haven’t worked since the incident in question, but you can’t prove it was because of the harm you suffered, then this would affect the damages you could claim as well.

It is also worth noting, that it may be possible to claim compensation if a close family member is harmed as a result of negligent treatment This could include the cost of caring for that person or your own nervous shock as a result of the incident.

Usually, a medical negligence claim needs to be filed within three years of an incident taking place.

There are exceptions and this is an area where a medical negligence lawyer can make a huge difference. We recommend that anyone who believes they have been the victim of medical negligence take advantage of our free consultation to find out if they have a claim regardless of timeframes.

The length of time required to resolve a medical negligence claim will depend on a number of factors. Chief among them are the complexities of your particular case and how it is ultimately resolved.

Typically though – based on a wealth of experience fighting and winning medical malpractice cases – our medical negligence lawyers will advise you that it could take between 12 and 24 months to reach resolution.

However, cases that are resolved through mediation tend to be a lot quicker. The opposite is true of a medical negligence case that goes to the Supreme Court, where the likely time frame from your first meeting with us to reaching a conclusion extends to 36 months.

Medical professionals take insurance to cover themselves against the risk of legal action. For example, if a doctor had a medical indemnity policy they could use it to pay their legal costs and any damages that occurred as a result of a medical malpractice claim.

It is therefore most likely that you would claim damages from an insurance company rather than seek compensation from a medical professional directly.

Insurance policies of this nature would either be held by the practitioner themselves or handled by the hospital or medical practice that employs them.

In 2002, the Australian government was forced to step in after a series of cases with large payouts led to a sharp rise in medical indemnity insurance premiums. There was concern that medical professionals in high-risk disciplines might be forced out of the profession.

As a result, premiums for some medical indemnity policies are now subsidised by the Australian taxpayer.