The law in certain states has a boundary that decides how substantial or serious an injury has to be before you’re eligible to claim damages for agony and issuesdue to injury. Each state and territory possessits own laws that hold true to medical negligence situations.
To make an effective medical negligence claim, it is important for you to be able to prove that:
Varying state and federal legislation have different time constraints. In most situations, you must file a lawsuit within three years of the accident. If you’re filing a medical malpractice lawsuit on behalf of a child, the time constraints may be longer and differ by state.
It’s advisable to contact a personal injury lawyer as soon as possible because the deadline for your medical negligence claim may be shorter or longer based on the case. It is sometimes possible to extend time limits.Your medical negligence claim and legal process could take years, especially if you have to wait for your injuries to heal.
Types of medical negligence.
FAQ’s
You may be eligible to claim medical negligence compensation if you have suffered physical, psychological or financial harm as a result of negligent treatment from your medical provider.
A provider can include a hospital, doctor, nurse, assistant, lab personnel, dentist, pharmacist or other employer or allied health professional.
The most common types of medical negligence claims can involve:
- obstetrics
- paediatrics
- gynaecology
- emergency medicine
- surgery
- orthopaedics
- misdiagnosis of medical conditions
- delayed diagnosis of medical conditions (for example after a Pap smear, breast screening or other diagnostic test)
- drugs and drug reactions
- cosmetic surgery
Medical providers owe you a ‘duty of care’ to exercise skill, judgement and reasonable care when examining, diagnosing, treating and advising you. If they breach that duty, you may be able to make a medical negligence compensation claim and they may be liable for any harm caused.
Common negligent treatment that you may be able to claim medical negligence compensation for include:
- making an existing condition worse
- misdiagnosis or failure to diagnose a condition
- failure to provide the appropriate treatment or referral
- a delay in diagnosis or providing the appropriate treatment or referral
- failure to perform surgery or provide post-operative care with reasonable care and skill
- incorrectly reporting on test results.
You will only need to pay our fees if you receive a settlement for your medical negligence compensation claim, as we provide our medical negligence services on a ‘no win, no fee’* basis.
If your claim is successful, you will be charged for the costs of the investigation and the legal work performed after issuing proceedings. This will be a charge on the appropriate court scale, and you will be given more information about this at the time when the decision is made to issue proceedings.
You won’t be charged our fees if your claim is not pursued. In most cases, disbursements (the out-of-pocket expenses that we pay to other people) must be paid whether you win or lose.
Yes. However, medical negligence law is complicated. Even if you have received negligent treatment, you cannot make a negligence claim if you haven’t suffered harm or injury.
As medicine is a difficult practice, your medical providers aren’t expected to be perfect. Sometimes medical treatment is unsuccessful and injuries occur, but that is not enough to show that you were treated with negligence. You will need to prove that your negligent treatment is more than a reasonable mishap or mistake.
It’s important to get help from someone who understands the complexities of medical negligence law, with experience in your area. Taxcellent Consulting Services is Australia’s leading and largest team of medical negligence lawyers, with all the resources and experience that come with being a national firm.
If you think you’ve experienced negligence or malpractice, contact us today to find out how we can help you.
In order to make a medical negligence claim, you will need to:
- Contact Taxcellent Consulting Services to speak with our medical negligence team.
- We will gather information from you about what has occurred and then provide you with a preliminary assessment.
We will help you understand if you have grounds for a claim by investigating your case and getting an independent medical expert’s opinion. If we believe you should proceed further, we will then lodge your legal claim and represent you at mediation and settlement hearings.
If your case doesn’t settle, we can represent you in court. We also manage coroner’s inquests by liaising with the court on your behalf, preparing the case and representing you in court. Contact us today.
Time limits vary under the different state and federal laws. In most cases, you need to take legal action within three years of the injury. If your medical negligence claim is for a child, time limits can vary more and differ between states.
The timeline for your medical negligence claim may be shorter or longer depending on the case, so it’s best to contact a personal injury lawyer as soon as possible. Extensions of time limits are sometimes possible.
Your medical negligence claim and the legal process may take up to several years, especially if you have to wait for injuries to stabilise.
Awards & Accreditations.
Taxcellent Consulting Services Services’ small business accountants are proudly recognised by the following accreditations and awards
“lawtax360 AS has been outstanding to work with and has been instrumental in our business growth in the last 3 years. We have worked with other accountants and advisers in the past that will complete our accounting work but no more and do not understand our business and industry. lawtax360 AS, on the other hand, understand our goals and map out strategies for growth. They go above and beyond and come up with key issues we would never have known about.”
“Davie and his team has helped our startup get off the ground, it has brought peace of mind knowing that the accounting side of our business can be taken care of while we can focus on our business. Being able to have him and the team contactable to ask questions about accounting best practices or other accounting related questions has allowed us to focus on providing value to our own customers.”
“We first engaged Lawtax360 AS for advice on the business acquisition and liaising with financiers, solicitors and the vendor. The team at Lawtax360 AS is highly professional, knowledgeable, committed and hard-working. We were really happy with the initial service that we decided to continue our engagement with a month to month accounting service.”
