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Failure to Refer

Failure to Refer

As patients, when we visit a doctor we are relying on the doctor’s professional expertise and advice. There are many different specialties a doctor may have, and it is not usually possible for a patient to determine which specialty is best able to help them. Patients rely on the doctor whom they are consulting to decide for whether their medical condition is within the doctors’ abilities and experience to treat.

When a doctor fails to refer a patient to another doctor with a more appropriate specialty, more specific experience in treatment of particular conditions, or fails to consult a specialist on a particular issue such as whether medication should be commenced or ceased, inappropriate treatment may be administered, delays in treatment can occur or significant signs and symptoms may be overlooked altogether. All these things can have serious consequences for the patient and may form the basis for a successful medical negligence claim.

ARE YOU ELIGIBLE
TO MAKE A CLAIM?

If you have suffered an injury, loss or damage as a result of the negligent treatment provided by a doctor, dentist, hospital or other health care provider you may be entitled to a claim for damages.

A poor outcome resulting from your treatment does not in itself establish an entitlement to claim. What needs to be proven is that your treatment was provided in a negligent manner and that the treatment provider breached their duty of care to you.

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:

  • Our client’s diagnosis of lung cancer was delayed as a result of her general practitioner’s failure to action the abnormal result of a chest x-ray undertaken to investigate a cough occurring in the absence of any other upper respiratory tract symptoms. Our client was entitled to claim for non-economic loss, past and future loss of income, past and future medical expenses and past and future care.
  • Our client’s general practitioner failed to recognise her acute limb ischaemia thus delaying her treatment. As a result of the delay, our client required a below-the-knee amputation. Our client was entitled to claim damages for pain and suffering, past and future loss of income, past and future medical expenses and past and future care, home modifications and medical aids (including prostheses).
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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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