Medication, prescription, and anaesthetic errors, whether during the initial prescription or through the administration, are far more common than one would imagine and account for thousands of avoidable injuries every year.
These errors can occur by:
- administering an incorrect dosage, selecting the wrong medication/antibiotics;
- where a condition/illness has been misdiagnosed and the appropriate medication was selected for that misdiagnosis;
- prescribing medication that interacts negatively with other medications the patient is taking;
- failing to warn a patient about common side effects.
Failure to apply an accepted standard of care and skill when prescribing and administering medications can have devastating and long-lasting consequences for a patient’s health and recovery. A patient would be entitled to claim compensation for those injuries and damages resulting from these errors.
ARE YOU ELIGIBLE
TO MAKE A CLAIM?
If you have suffered an injury, loss or damage as a result of the medication error prescribed 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 prescription 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:
- Our client’s treating psychiatrist prescribed three medications which should not have been prescribed together and he suffered cardiac arrest as a result. He was entitled to claim for his pain and suffering, out of pocket expenses, and loss of income.
- Our client suffered a stroke after she received the incorrect advice from her surgeon with regard to the timing of cessation of anticoagulant medication prior to procedural treatment. She was entitled to claim damages for pain and suffering, past and future medical and other out of pocket expenses, care and assistance, home modifications, aids and appliances.
- Our client was diagnosed with steroid induced glaucoma in her teens. She had been prescribed strong topical steroid medication for her eczema almost constantly from a young age by general practitioners without specialist dermatologist supervision. She was entitled to claim damages for pain and suffering, past and future loss of income, past and future treatment and other out of pocket expenses and past and future care and assistance.
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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