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Delayed Diagnosis

Delayed Diagnosis

Patients rely on their doctors to diagnose their conditions correctly and treat them in a timely fashion. If a doctor fails to diagnose a patient’s condition correctly (or at all) or fails to recognise the signs and symptoms of a condition when they first arise or are reported to the doctor, the consequences for the patient can be devastating.

Consequences can include requiring extra treatment in the form of medications, procedures or surgery; having a poorer outcome overall than would have been the case if the condition had been diagnosed correctly or sooner; and in some cases, amputation of limbs, stroke or even death can result. If you have been the victim of a delayed diagnosis, a misdiagnosis or another error in diagnosis then you may have a medical negligence claim.

ARE YOU ELIGIBLE
TO MAKE A CLAIM?

Often medical negligence claims may involve an allegation that there has been a delayed diagnosis by a treating doctor or other health care professional.

In establishing negligence it is also necessary to satisfy a court that the failure to diagnose resulted in injury, loss or damage. That is, a failure to diagnose in itself may not be sufficient to establish a liability on the part of the doctor or the health care professional.

WHY ARE BRYDEN’S LAWYERS THE RIGHT REPRESENTATION FOR YOU?

Brydens Lawyers are the experts in the prosecution of 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.

For over 40 years now Brydens Lawyers has been operating 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 NEGLIGENCE CLAIMS WELL. HERE ARE SOME EXAMPLES:

  • As a result of a delayed diagnosis of biliary atresia at birth, our client did not receive proper medical treatment in the time frame required meaning he has suffered serious complications including a liver transplant and cancer. He is entitled to claim for his pain and suffering, loss of income, past and future medical expenses as well as past and future care and assistance.
  • Our client suffered injuries to her face, body and ankle in an assault. The hospital where she was treated for her injuries, dismissed our client’s complaints of pain to her face. Her general practitioner subsequently dismissed her ongoing complaints based on the hospital’s assessment. Our client suffered for 2 years before the fractures to her face were confirmed and surgically addressed. She is entitled to claim for her pain and suffering, past and future medical expenses and past and future wage loss.
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LATEST NEWS FROM LEE


An article published by insurancenews.com.au on 22 November 2019 references a reported $876 million net loss by NSW State owned Icare for its workers compensation Nominal Insurer scheme last financial year amid rising medical costs and falling bond yields.

It is reported that gross premiums were in the order of $2.5 billion while net claims expenses/scheme costs were just over $4 billion. That is, there was a reported underwriting loss of almost $2.4 billion while Icare received a net investment revenue of just over $1.6 billion.

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