There are many instances of birth trauma that can be the subject of a claim for compensation. In circumstances where the mother has been the unfortunate victim of medical negligence at the time of birth then the mother can claim for compensation. In the alternative, if it is the child that is the victim of the negligence as a result of which the child suffers injury, loss or damage then the mother can bring proceedings on behalf of the child.
ARE YOU ELIGIBLE
TO MAKE A CLAIM?
If it is established, ultimately to the satisfaction of a court, that the trauma suffered during the course of a birth by either the mother or the child was caused or materially contributed by the negligence of the doctor, midwife or other staff member in that they had breached their duty of care, then a claim for compensation can be made.
WHY ARE BRYDEN’S LAWYERS THE RIGHT REPRESENTATION FOR YOU?
Brydens Lawyers are the experts in the prosecution of birth trauma medical negligence cases with a dedicated medical negligence department and panel of medical experts available to give evidence in court against doctors, hospitals or other health care practitioners who have been negligent in the treatment of their patients.
Brydens Lawyers specialise in reviewing medical records, liaising with medical experts and explaining complicated legal and medical issues to our clients in a way that they will understand. This is to ensure that clients of Brydens Lawyers are kept fully and properly informed every step of the way so that they can understand the process and what is involved in the bringing of a successful medical negligence claim.
Brydens Lawyers operates as a ‘No Win – No Fee”, policy which, simply put, provides that if a personal injury or compensation client is unsuccessful in their claim then Brydens Lawyers will not raise a tax invoice for having acted on behalf of the client. That is, if the claim is unsuccessful we do not get paid. More information about how this works can be found on our No Win – No Fee page.
WHAT ARE YOU
ABLE TO CLAIM?
The types of damages available in medical negligence claims can include:
• Non-economic loss which includes damages for pain and suffering;
• Past and future medical expenses and out of pocket expenses;
• Loss of income and any damage done to your ability to earn an income in the future;
• Past and future loss of superannuation benefits;
• Past and future paid services such as home cleaning or nursing assistance;
• The value of services provided to you by family and friends without charge;
• Past and future medical aids and equipment such as wheelchairs;
• Home modifications such as those required to make a home wheelchair accessible;
• Vehicle modifications;
• Additional costs incurred in connection with continuing disabilities, for example, additional cost of holidays due to special needs;
• A contribution towards your legal costs and disbursements.
Damages are very specific to each individual’s situation and assessing your claim for damages will be a central part of the service provided to you by our medical negligence team
WHEN SHOULD YOU CONSULT A LAWYER ABOUT MAKING A CLAIM?
If you have suffered from any form of medical negligence then you need to engage proper legal advice and representation. There are strict time limits around lodging a medical negligence claim, so even if your treatment is ongoing, you must consult a legal representative early to ensure your claim is lodged within the allowed timeframe.
WE DO MEDICAL INJURIES LAW WELL. HERE ARE SOME EXAMPLES:
• Our client’s signs of foetal distress were not recognised and acted upon soon enough during his mother’s labour. She sustained hypoxic brain damage as a result and suffers from cerebral palsy. She was entitled to claim for pain and suffering, loss of income, care and assistance, home modifications, medical and other out of pocket expenses, assistive equipment and home modifications.
• Our client sustained a fourth-degree perineal tear during the birth of her first child. The attending doctor failed to perform an episiotomy resulting in her sustaining permanent injuries and disabilities. She was able to claim for her pain and suffering, past and future medical expenses, past and future loss of income and past and future care.
• Our client’s first child died shortly after her birth as a result of the failure of medical and midwifery staff to recognise and action her child’s distress during labour. Our client sustained psychological injuries as a result of the death of her son and was entitled to claim damages for her pain and suffering, past and future medical expenses, past and future loss of income and past care needs.
LATEST NEWS FROM LEE
Superannuation, as we know, is a legal obligation on the part of all employers to contribute a minimum percentage of each employee's earnings to a compliant superannuation fund or retirement savings account. Currently the superannuation guarantee contribution rate is 9.5% of a worker’s ordinary time earnings.This rate will increase by 0.5% on 1 July 2021. Further increments will apply annually up until 2025/26 when ultimately the superannuation guarantee rate will be set at 12%.
This of course is good news for all employees. It is however only good news if the superannuation guarantee rate is in fact paid by the employer.
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