Medical Negligence Compensation Claims
If your healthcare provider has failed to deliver a sufficient standard of medical treatment or advice, you may qualify for compensation. To be awarded the full amount of damages you’re entitled to, Personal Injury Helpline can put you in touch with an experienced medical negligence lawyer. Our team are experts in medical negligence law and can help you understand your rights.
What is Medical Negligence?
Medical negligence (also known as medical malpractice) occurs when a healthcare professional fails to provide treatment or advice of an acceptable standard. By law, all medical practitioners owe their patients a duty of care. From doctors and nurses to dentists and pharmacists, any healthcare professional that fails to meet their duty of care can have a claim of medical negligence brought against them.
Do I Have a Medical Negligence Claim?
Proving that your healthcare provider failed to meet mandatory standards is crucial to making a successful medical negligence claim. You’ll need to provide evidence that your injury or illness was caused (or made worse) by their actions in order to qualify for damages.
Suffering from an illness or injury doesn’t mean you’re automatically entitled to compensation. Even if you receive a high standard of medical care, some conditions can be extremely difficult to treat.
Types of Medical Negligence
Medical malpractice can occur in any setting where healthcare services are provided. These are some of the most common types of medical negligence:
- Misdiagnosing an illness or injury, or failing to provide a diagnosis within a reasonable amount of time
- Failing to provide a referral to a specialist within a reasonable amount of time
- Performing a medical procedure without a reasonable amount of care
- Failing to adequately advise a patient of the risks involved with a medical procedure
- Failing to provide adequate post-operative care.
This area of the law can be complicated, and identifying which type of medical negligence is relevant to your case isn’t always a simple process. If you’re trying to determine whether you’re entitled to damages, Personal Injury Helpline can review your case and advise you of your legal rights.
How Much Compensation Can I Claim from Medical Negligence?
The amount of compensation you’re entitled to claim will depend on the circumstances of your case. Medical negligence compensation is calculated based on the amount of loss or harm you’ve suffered.
The damages you’re awarded could include compensation for the following:
- Pain and suffering
- Lost income (including future earnings)
- Past and future medical expenses
- Home modifications.
Medical Negligence Frequently Asked Questions
Strict time limits apply to all medical negligence claims. In most states and territories, you must begin legal proceedings within three years of the medical malpractice occurring. However, this deadline can vary depending on the circumstances of your case. If you are planning to make a compensation claim, seek legal advice as soon as possible to avoid losing your entitlement to damages.
To qualify for medical negligence compensation, you will need to provide evidence that your injury or illness was sustained or made worse by their actions. To start a medical negligence claim, speak with one of our lawyers to determine the extent of your injuries and if you have grounds to claim damages.
Most medical negligence cases may take anywhere between eighteen months to three years. Depending on the extent of your damages, evidence of negligence and other factors legal proceedings may take shorter or longer than this estimate.
The costs involved with making a medical negligence claim can differ between cases. If you are worried you may not have enough money to take legal action, Personal Injury Helpline offers a No Win No Fee service. If you are not awarded any damages, you will not have to pay your legal fees. This means you can make a claim without putting your financial security at risk.
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