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Hospital Care claims

Hospital Care claims

Medical negligence can occur at any point during admission to a hospital whether it be in an emergency department, by hospital staff during even the most routine of admissions, or even upon discharge from the hospital by way of referral or failure to provide necessary medications or instructions. In most circumstances, a hospital is responsible for the acts and omissions of its employees (which include doctors, nurses, medical technicians, radiologist and others) when their treatment and care of a patient does not meet the accepted standard of care and skill an injury results.

During admission to hospital, a patient has the right to expect that an acceptable standard of care and skill is met when taking a proper medical history, diagnosing a condition or illness, or referring them to the appropriate specialist for further investigation or treatment. A hospital’s and/or its employees’ failure to apply an accepted standard of care and skill that results in injury or damage would entitle a patient to compensation for those injuries.

ARE YOU ELIGIBLE
TO MAKE A CLAIM?

If you have suffered an injury, loss or damage as a result of the care provided by a hospital staff member 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 the 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.

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 NEGLIGENCE CLAIMS WELL. HERE ARE SOME EXAMPLES:

  • A Hospital Emergency Department failed to identify our client’s appendicitis and she was sent home without treatment. She suffered serious complications as a result of the delay in surgical treatment including the removal of part of her bowel. She was entitled to claim for pain and suffering, past and future loss of income, past and future medical expenses.
  • Our client sustained a severe cut to her forearm and sustained permanent nerve damage as a result of emergency department staff’s failure to recognise that her nerve had been severed and arrange prompt surgical intervention. She was entitled to recover damages for her pain and suffering, medical expenses and loss of income.
  • Our client was misdiagnosed with a hairline fracture and was sent home with inappropriate advice regarding weight bearing on the affected limb. The fracture was made more severe by the inappropriate discharge instructions and resulted in a permanent leg length discrepancy. She was entitled to recover damages for pain and suffering, past and future medical expenses and past and future care.
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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%.

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