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Medical Negligence Compensation Claims

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    Millner and Knight have a panel of seasoned experts who specialise in medical negligence compensation claims.

    What is medical negligence?

    Medical negligence, clinical negligence and medical malpractice are terms used to describe when someone, (usually a patient) has been injured due to a mistake or negligent act committed by a medical professional or organisation. Common causes can include:

    • failure to diagnose a condition
    • misdiagnosis of a condition
    • error during surgery or medical procedure
    • administering the wrong drugs
    • failure to warn about the risks of a treatment or procedure
    • hospital acquired infections

    How can you prove medical negligence?

    With negligence claims, a solicitor must establish two things:

    1. First of all, prove that malpractice has taken place
    2. Secondly, with medical negligence cases, we must prove a breach of duty

    If the treatment came with an outcome that you don’t like, that doesn’t necessarily mean you have a claim.

    You also won’t have a claim if there is a reasonable mistake that a medical professional has made.

    Your medical professional must show that they provided the standard of care that a reasonable body of medical professionals in the same field would regard as acceptable.

    If you think your medical clinician hasn’t done something right, then call us free on 1800 106 107 for a no obligation quote and to determine whether or not you have a claim.

    Who is liable

    If your medical practitioner didn’t do their job properly in completing the procedure, this means that they didn’t keep you as safe as reasonably possible.

    If we can prove this then they may be liable for the pain, suffering and other factors that may have occurred from the malpractice. When calling us regarding your potential case, there’s no obligation to make a claim.

    What type of negligence claims can we help you with?

    Some of the most common types of medical negligence claims we handle include:

    Please don’t worry if the neglect you suffered isn’t mentioned in the list above as we will more than likely still be able to help.

    What will the medical compensation cover?

    Generally speaking, compensation usually covers:

    • Lost earnings and future loss of earnings
    • Pain and suffering
    • Expenses related to travel (eg. Hospital transport)
    • Care costs – these may include the costs to care for you, your loved one, or your children

    Legislation makes sure that you have certain rights when you are involved in a malpractice incident.

    General and special damages in medical negligence cases

    You may hear a lot about ‘general’ and ‘special’ damages regarding medical negligence cases. General damages are usually pain, suffering and loss of amenity and special damages refer to things like medical treatment, loss of earnings and any other expenses incurred. These are assessed on a case by case basis.

    To find out more, get in touch on 1800 106 107 for an obligation free quote.

    You can also try our new claims calculator to get an idea of how much compensation you could be owed.

    When can I file a medical negligence claim?

    Each state in Australia has different time frames when it comes to lodging a personal injury claim, but you may be eligible for a number of different claims. The best way to find out is to speak with one of our experts. After we determine your situation over the phone, we can organise for an independent medical report to ensure that no stone is left unturned in regard to your claim.

    Call us for more information about claiming or to find out whether you’re entitled to compensation or not. It doesn’t cost anything to speak with one of our solicitors and you won’t be pressured to start your claim.

    Making a medical negligence claim

    If you suspect you have been a victim of negligence, we can usually let you know in minutes whether or not you have grounds for a claim. Suffering malpractice at the hands of someone you put your trust in is devastating for both you and your loved ones. To get the ball rolling we recommend calling us for a confidential chat regarding your situation. We will then assess your case in strict confidentiality and make you aware of any time limits associated with claiming. If we believe that you have a genuine malpractice claim, we will let you know. We will also let you know whether you can take advantage of our no win no drama guarantee. This way if for whatever reason you case is unsuccessful, you won’t be left out of pocket.

    If you have a genuine case one of our solicitors will discuss their fees with you before you sign any paperwork so there are no hidden surprises when you get your final settlement. If your happy at this point and wish to pursue damages, legal proceedings will commence Remember when you make a claim with our lawyers is truly is risk-free. Win or lose you will never be left out of pocket.

    So, call us today on 1800 106 107 and tomorrow you could be one day closer to your compensation.

    Making a medical negligence claim on behalf of someone else?

    Our solicitors can guide you through the process of making a claim on behalf of someone else. If your child or someone you love has been injured, we can tell you exactly how to go about representing them. If you decide that you would like to take on this role, you will be known as a ‘litigation guardian’ throughout the malpractice claim. You can find more information here about taking on this role or speak with a specialist on 1800 106 107.

    Whichever route you choose to take on the journey to compensation we’ll never pressure you into making a decision, and quotes from our solicitors are obligation free.

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