Medical Claims

page_image_mednegMany people at some stage in their lives require medical treatment. On occasion the system is found wanting and adverse outcomes arise. Sometimes these outcomes cannot be avoided. In other circumstances they have arisen as a result of substandard treatment. In these circumstances the law prescribes that compensation is available to put the injured person back in the position they were in before the negligent treatment arose. This is where we can help you.

Most patients are not medically minded and it is difficult to sometimes trace an outcome to an instance of wrongdoing. Most patients are also under general anaesthetic at the relevant time and so are reliant upon any explanations given to them by the treatment providers concerned. There is the opportunity of referring the circumstances for consideration to the Healthcare Complaints Commission and this is something we can assist you with. Very few patients are satisfied by that outcome. It also cannot award compensation.

It is unfortunate that the only way patients are able to fully address these issues is to proceed with claim. In some respects society places a stigma upon such claims. Unnecessarily and unreasonably so. In order for a claim to actually succeed, it first must be investigated. It is only with favourable evidence following this detailed investigation can a claim proceed and such a claim is governed by, and proceeds in accordance with the, presiding Procedural Rules.

Patients should not therefore feel any sense of guilt in going down this avenue. The law provides that adequate compensation should be available to injured persons. This is even more the case with respect to medical treatment causing injury. Such medical treatment is paid for by the recipient and it is only fair that adequate compensation be paid in circumstances where the standard of treatment falls short of that which is acceptable. This is especially in circumstances where injuries can be permanent and severe, can mean the individual can no longer work or look after themselves or their family members.

Time is of the essence in respect of such cases and so such injured patients should seek legal advice as early as possible in order to safeguard their right to seek compensation.

Types of Cases
  • Delay / Misdiagnosis
  • Pregnancy/Birth Claims
  • Surgical Error / Mistake
  • Medical administration / dispensing errors
  • Failure to warn
  • Cosmetic Surgery
  • Failure to refer
Heads / Areas of Claim
  • General Damages / Non-economic loss
  • Loss of Earnings
  • Medical Expenses
  • Care / Assistance Costs
  • Out of Pocket Expenses
  • Loss of Superannuation
  • Assessment of your case
  • Fee Agreement
  • Obtaining Medical Records
  • Obtaining Expert Opinion
  • Commencement of Court Proceedings
  • Settlement Negotiations