If you believe that you have been the victim of a clinical mistake at the hands of a healthcare professional a medical negligence solicitor may be able to claim compensation on your behalf for personal injury including sums for pain and suffering and wages losses. Specialist lawyers usually deal with these claims on a no win no fee basis. If you would like free advice on the telephone, without further obligation, just call a medical negligence solicitor, such as https://www.medneg.com.au/, who will discuss your potential claim over the telephone and advise you on the chances of success and the anticipated amount of compensation that may be awarded.
Clinical Negligence
The rules regarding errors in clinical cases differ from the normal law of negligence applicable to most other personal injury claims. Medical treatment that fails is not necessarily incompetent. The action of a healthcare professional, whilst treating a patient, is evaluated by comparing the recommended treatment to the treatment that would be recommended by other similarly qualified health care professionals practicing at the same time and in the same location.
Provided that a reasonable body of healthcare professionals would have recommended similar treatment, which must stand up to logical analysis, there will be no finding of negligence in the event that the chosen treatment fails, notwithstanding that there may have been other potential methods of treatment that may have succeeded. If you instruct a medical negligence solicitor to investigate a potential compensation claim they will consider all of the facts, records and medical reports in detail to establish whether or not clinical negligence is in evidence. More info on clinical negligence can be found at this link.
Damages Awards
The value of a medical negligence compensation claim is determined after consideration of government guidelines and after research into other awards made in similar cases. If a medical negligence solicitor cannot negotiate a settlement the matter is referred to the court for a judge to decide the appropriate award. Damages that may be awarded include not only compensation for pain and suffering and loss of lifestyle but also the following items:-
- loss of earnings
- assistance for household chores
- care and assistance
- general expenses
- medical costs
- travelling expenses
- prescription charges
- aids and equipment
- adapted accommodation and transport
Time Limits
Claims for personal injury have time limits that are governed by legislation. In general terms a claim must be settled, or legal proceedings must have been issued in a court of law within three years from the date of the negligent act. There are exceptions to this rule for minors and the mentally disabled. Furthermore, if the negligence is not actually discovered until a later date then the three-year period does not start to run until the date of discovery.
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