What is Medical Negligence?
If you have been injured as a result of incorrect or substandard medical advice or treatment, you may be able to claim compensation for any losses you have incurred as a result.
Your medical provider could be your GP, dentist, pharmacist or a medical professional who treated you in hospital.
Common medical negligence claims include:
- Not diagnosing or a delay in diagnosing an injury or illness;
- Injuries caused as a result of surgical treatment;
- Misdiagnosis of a medical condition.
What do I do if I think I have a medical negligence claim??
Firstly, please contact us for a no obligation chat. We will do some initial investigations to find out whether your medical provider was negligent and make the first step in righting the wrong.
Medical providers are required to provide treatment to a reasonable standard of care. They also owe a duty of care to their patients to take proper care. If there is a breach of the duty of care and there has been harm caused to you as a result of that breach, the medical provider may be liable to pay compensation for the harm caused to you.
What Can I Claim?
Past & Future Care
Depending on the circumstances, you may be able to claim for any assistance you have been given by a family member, including your child, spouse or parent. If that assistance is required into the future then this is also claimed.
Costs Associated With Your Recovery
This includes medical costs you have already paid, future medical costs, medications, nursing and rehabilitation costs.
Financial Loss or Loss Of Income
This is any time you’ve already taken off from work due to the injury as well as any expected loss of future income.
No win – No fee?
How Much Will My Claim Cost Me?
Please contact us for a no obligation chat to discuss your medical negligence matter with you in more detail.
If we assess that you have a good chance of receiving compensation then we may back you with a no win, no fee agreement.
This means we don’t get paid until you do.
If your claim is successful then our fees will be deducted from your settlement. We’ll give you an estimate of our fees at the start of your matter to give you an idea on the fees that will be deducted.
If your claim doesn’t fall under our no win, no fee agreement then we will provide you with an estimate of our fees to action the matter for you, plus the funds required to commence the matter.
Why choose Adelaide Legal?
It can be difficult to find out what you’re entitled to and the best way forward. We provide you with clear legal advice and the positive assistance required to achieve the best possible result for you.
We understand that it’s not always easy to discuss personal issues, worries and concerns with a stranger, but our friendly lawyers know this and do all they can to become part of your support network.
We take our work very seriously, because you matter to us. Our goal is simple: to deliver the best outcome to you.
How long will it take for me to receive my compensation?
It is usually best to wait until a medical professional is of the opinion that your injuries have stabilised. This is because until then, we can’t be sure of the full extent of your injuries and therefore what you are entitled to claim.
A typical claim may take between 12 to 18 months to resolve, however, a more difficult matter could take longer.
We will keep you informed every step of the way regarding time lines on the information we have at the time.
Please note that there are strict time limits that apply to this type of claim. Make sure you realise your rights to a medical negligence claim and contact the team at Adelaide Legal.
“Upmost professionalism from a great team. I would recommend to anyone seeking advice for an MVA insurance claim.”
Can I make a Medical Negligence Claim?
If you have suffered psychological, physical or financial harm because of negligent treatment by a medical provider, you may be entitled to compensation.
Medical providers include, doctors, hospitals, nurses, pharmacists, lab personnel, dentists and other staff working within a health care industry.
If you feel you are entitled to compensation, consult a lawyer.
If I am eligible to receive compensation will the medical provider have to pay this?
In most instances the negligent medical provider will have professional indemnity insurance that usually covers medical negligence claims. Because of this, your compensation will generally be paid by the medical provider’s insurer.
Who is a medical provider?
This can include a hospital, doctor (including a GP), surgeon, radiologist, nurse, dentist, pharmacist, physiotherapist, orthopaedic surgeon, chiropractor, plus more.
Do not hesitate to get in touch with a lawyer if you require any clarification as to who is considered a medical provider.
How do I know if a medical provider is responsible for my injury?
In order to prove medical negligence you must be able to prove that the treatment you were provided with was below the standard of care reasonably expected form a medical provider at the time.
To do this you usually require an expert report from a medical provider of the same profession to comment on the incident circumstances and whether they believe the actions taken were below the standard of care to be reasonably expected.
What are ‘damages’ and how do they relate to my medical negligence claim?
If your medical provider is considered to be negligent then you will likely be entitled to receive compensation for losses that you have experienced as a result of the negligence.
There are various losses you can claim for, the most common have been detailed above under ‘what can I claim?’