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Medical Negligence

Medical Negligence

Doctors, dentists, nurses, physiotherapists, optometrists and all other healthcare professionals provide an essential service that we rely upon at one time or another in our lives. When there is a failure in the standard of care provided by the healthcare professional, the consequences are often devastating to not only the person who suffers as a result of same, but also their family.

Claims for medical negligence, otherwise known as medical malpractice, can be made by the person who suffers injury as a result of the misconduct and in some cases a claim can also be made by family members. This is where the family members have sustained mental harm as a result of the injury to their loved one. The dependence on a person who dies because of the negligence of a healthcare provider, such as children or a spouse, can often make a claim themselves for loss of dependency.

If there has been a failure by a doctor or healthcare provider as a result of which you have suffered injury, loss or damage, you will require the support of an experienced and knowledgeable team of medical negligence lawyers to help prove your medical negligence claim.

When suing a doctor, a hospital or other medical professional, there are matters of professional reputation at stake and often the interests of a medical professional indemnity insurance company meaning that most medical negligence cases will usually be defended more vigorously than say a motor accident or a public liability claim.

Medical negligence claims are one of the most difficult areas of personal injury law. The law requires that the injured person prove that they have suffered injury, loss or damage as a result of the healthcare professional’s failure to meet the standard of reasonable care and skill determined by peer professional opinion in Australia at the time the treatment was provided. This can require very specific evidence to establish and often will involve multiple layers of evidence. As a result of these additional requirements in medical negligence claims, law firms and in particular their medical negligence lawyers, need to be very knowledgeable about both medical negligence law and medicine itself.

Our caring team of dedicated medical negligence lawyers are both skilled lawyers and knowledgeable about medicine and health services. We know that being injured as a result of the failure of a trusted healthcare professional can be a distressing and sometimes overwhelming experience. We are here to help you through this difficult time and will work with you to achieve a just and fair outcome on your behalf.

ARE YOU ELIGIBLE
TO MAKE A CLAIM?

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

A poor outcome from the medical treatment provided does not in itself establish an entitlement to a medical negligence compensation claim. What needs to be proven is that the treatment provided was undertaken in a negligent manner in that the provider of that treatment had breached their duty of care.

WHY ARE BRYDENS LAWYERS A RIGHT REPRESENTATION FOR YOU?

Brydens Lawyers are experts in the prosecution of medical negligence cases with a dedicated division of specialist medical negligence lawyers and a panel of medical experts available to provide evidence in court in any claim against a doctor, hospital or other healthcare provider who has been negligent in the treatment of a patient.

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 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 50 years 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 compensation 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 medical negligence claim. The assessment of the damages to which you would be entitled is a central part of the service provided by our expert medical negligence team.

WHEN SHOULD YOU CONSULT A LAWYER ABOUT MAKING A CLAIM?

If you have suffered as a result of any medical negligence, then you need to engage proper legal advice and representation from an expert medical negligence lawyer. There are strict time limits around the lodgement of a medical negligence claim. So even if your treatment is continuing, you should consult an expert legal representative as soon as practical to ensure that your claim is lodged within the allowed time frame.

WE DO MEDICAL NEGLIGENCE CLAIMS WELL. HERE ARE SOME EXAMPLES:

  • During treatment for cancer, our client sustained injuries when a chemotherapy drug leaked from his vein during its administration. Our client suffered tissue necrosis in the affected area as a result. On the successful conclusion of our client’s claim he was entitled to damages for his pain and suffering, past and future medical expenses, past and future loss of income and past and future care and assistance as needed.
  • A hospital emergency department failed to diagnose our client’s septicaemia, resulting in our client developing endocarditis and brain abscesses. Our client required open heart surgery and sustained permanent cognitive impairment as a result of the delay in proper treatment. Our client was able to claim for her pain and suffering, past and future loss of income, past and future medical expenses and past and future care.

  • Our client suffered harm from steroid induced glaucoma as a result of near continual prescription of steroid based creams and eyedrops over an extended period. Our client was entitled to claim for her pain and suffering, past and future wage loss, past and future treatment expenses as well as her past and future care and assistance needs.

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LIVERPOOL HEAD OFFICE

Lvl 2, 203 Northumberland Street,
Liverpool NSW 2170

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