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MEDICAL NEGLIGENCE COMPENSATION

To be awarded medical negligence compensation, you must first establish that there has been negligence.

There are 3 main elements that must be proven according to common law-

1. The doctor owed you a duty of care;

2. The doctor breached that duty of care by some act or omission;

3. This act or omission has caused you harm/"damage".

(Note that the law varies slightly State to State, and is slightly modified by legislation such as the Civil Liability Act).

So the first issue a medical malpractice solicitor will look at is whether you have a case for medical negligence compensation.

Firstly, they will speak with you to determine whether you should investigate a claim. If your case has some merit, a solicitor may then take a statement from you and then obtain and review your medical records. They will usually then advise you as to whether you should go ahead and obtain an independent expert medical report(s).

After review of the evidence, a medical malpractice solicitor will then be in a better position to advise you as to your chances of success in pursuing a medical negligence compensation claim. They will speak to you about the next steps involved- which may involve commencing legal action, or sending a letter of demand to the defendant's insurer.

A common question that patients ask their medical malpractice solicitor (also referred to as a medical negligence lawyer or solicitor), is "how much is my claim worth"?

This can be very tricky to answer, as every case is different. Medical negligence compensation is awarded according to the "damage" or harm and loss suffered. A medical malpractice lawyer will need to quantify your claim on the basis of what losses you have suffered, and what needs have been created as a result of the negligent act.

Your entitlements to medical negligence compensation may include the following:

• Past medical treatment expenses
• Future medical expenses
• Past and future loss of earnings
• General damages for pain, suffering, emotional distress and loss of enjoyment of life
• Personal, domestic or nursing assistance provided by agencies
• Gratuitous Domestic Assistance (i.e provided without charge by family or friends)
• Rehabilitation Expenses
• Housing Modifications and Equipment Aids
• Pharmaceutical Expenses

Some of the factors which may be considered in assessing your entitlements to medical negligence compensation include:

1. The present condition(s) from which you are suffering.
2. The results of any medical examinations you may have had before and after the alleged negligence.
3. The results of any diagnostic procedures including x-ray, pathology etc.
4. Diagnosis and prognosis of your condition.
5. Whether your medical condition is stabilised or whether there is any prospect of further improvement or deterioration.
6. Whether there is any residual disability, and if so the extent of such disability.
7. Whether any further medical or other treatment is indicated and, if so, the probable outcome of such treatment and, if possible an assessment of the cost of that treatment and the period for which you will be unfit for work and/or hospitalised as a result of any such treatments.
8. Whether you are fit for any work and if so, what type of work.
9. If you are unfit for work, the cause of your loss of capacity for work, the extent for which you are incapacitated, and whether or not such incapacity arises from the negligence.

If your medical bills are being paid by either Medicare or a private health insurance company, then these benefits must be repaid out of any settlement money received. Similarly,  any income payments made by Centrelink whilst your are incapacitated, must be repaid to Centrelink if you receive compensation for your lost earnings or your inability to earn an income.

So as you can see, there isn't a generally set figure for the amount of compensation you can claim; it all depends on your individual case and your particular needs as a result of the negligence.

The advantage of seeking advice from a specialist medical negligence solicitor is that they have dealt with many cases and have a general idea as to the range of money that an insurance company will offer, or a court will award if the case is litigated.

Our solicitors have extensive experience in representing patients in medical negligence compensation claims.

Our Personal Injury/Medical Negligence Compensation Lawyers offer independent legal advice for bringing justice to your case.

To find out more as to whether you may have a potential case for medical negligence compensation, please complete the contact form.

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