operative care claims
Post operative care claims
A health practitioner’s duty of care to a patient does not cease at the conclusion of an operation. A failure to be vigilant in monitoring patients’ post-operatively to ensure that any potential complications are promptly identified and treated can lead to avoidable complications and injuries. Examples include failures to identify infection, deep vein thromboses or occlusions of arteries, pulmonary embolisms or perforations to organs.
In the unfortunate event of a failure in post-operative care and you have sustained an injury which has been caused by the poor post-operative treatment, a claim for compensation can be made.
A key element in succeeding with this type of claim is successfully establishing that, if not for the practitioner’s failure to provide acceptable care, a more favourable outcome would have eventuated had the appropriate treatment been administered in a timely manner.
ARE YOU ELIGIBLE
TO MAKE A CLAIM?
If you have suffered an injury, loss or damage as a result of the post operative care 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.
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:
- Hospital staff failed to action our client’s complaints of pain and numbness in her foot following a total knee replacement. As a result, our client’s acute limb ischemia went unrecognised and she required an above the knee amputation. She was entitled to claim for her pain and suffering, past and future medical expenses, home modifications and medical aids.
- Our client underwent gastric sleeve surgery which resulted in a gastric perforation. The treating surgeon failed to admit the leak existed and our client’s treatment was delayed resulting in serious further complications. He is entitled to claim for pain and suffering, past and future medical expenses and past and future loss of income and past and future care and assistance.
LATEST NEWS FROM LEE
Following my recent post concerning medical negligence claims an enquiry was received as to whether it was also possible to sue lawyers and judges in the event that they have been negligent.
The simple answer is yes and no.
A lawyer can quite readily be sued if it is established, again ultimately to the satisfaction of the court, that the lawyer has been negligent and that as a result of that negligence, the client has suffered injury, loss or damage. The question of negligence is determined by reference
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