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Medical Negligence

Medical Negligence

Doctors, dentists, nurses and other health providers such as physiotherapists and optometrists provide essential professional services that we all rely upon at one time or another in our lives. When there is a failure in the care provided by a health professional, the consequences are often devastating to not only the person injured, but also their family.

Medical negligence claims can be made by the injured person for the injuries and damage caused to themselves and in some circumstances can also be made by family members who have sustained mental harm as a result of the injury to their loved one. The dependants of a person who dies because of the negligence of a doctor or health professional such as their children, spouse or parents can also often make claims if their loved one has died as a result of negligent medical treatment.

If there has been a failure by a doctor or health provider which you have been affected by, you will require the support of an experienced and knowledgeable team of lawyers to assist you in such a difficult time.

When suing a doctor, a hospital or another health provider there are matters of professional reputation at stake and these cases will be usually 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 because the law requires that the injured person prove not only that they have been injured as a result of the care provided by the health professional, but also that the injury occurred because the health professional failed to meet a reasonable standard of care as assessed from the point of view of the providers’ professional colleagues in Australia at the time the treatment took place. This requires very specific evidence to prove and also often multiple layers of evidence. As a result of these extra requirements in medical negligence claims, medical negligence lawyers have to be very knowledgeable about both law and medicine.

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 health professional can be a distressing and almost overwhelming experience. We are here to help you through this difficult time and will work to achieve justice and fair compensation on your behalf.

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:

  • During treatment for cancer our client sustained injuries when a chemotherapy drug leaked from his vein during its administration. She suffered tissue death in the affected area as a result. Our client was entitled to claim for her pain and suffering, past and future medical expenses, past and future loss of income and past and future care and assistance needs.
  • A Hospital Emergency Department failed to diagnose our client’s septicaemia, resulting in her developing endocarditis and brain abscesses. She required open heart surgery and sustained permanent cognitive impairment as a result of the delay in treatment. She 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 steroid induced glaucoma as a result of near continual prescription of steroid based creams and eye drops over an extended period.   She 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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In conjunction with Variety - The Children's Charity, Brydens Lawyers has implemented an information and education program for parents and carers of children facing chronic illness, disability or special needs.

The presentation is focused upon succession planning, that is putting into place arrangements so as to ensure the continuing care, maintenance and education of the child after the parents or carers have passed. It is a particularly delicate subject, often considered
but rarely spoken of.

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