Managing Director & Legal Director
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Medical Negligence
What is Medical Negligence?
If you are injured in a private or public place and or as a result of another person’s actions you could be entitled to compensation.
If you have been injured as a result of incorrect or substandard medical advice or treatment, you may be able to claim compensation for any losses you have incurred as a result.
Your medical provider could be your GP, dentist, pharmacist or a medical professional who treated you in hospital.
Common medical negligence claims include:
- Not diagnosing or a delay in diagnosing an injury or illness;
- Injuries caused as a result of surgical treatment;
- Misdiagnosis of a medical condition.
30 minute Free Consultation
Please contact us for a no obligation chat to discuss your injury matter with you in more detail.
What do I do if I think I have a medical negligence claim??
Firstly, please contact us for a no obligation chat. We will do some initial investigations to find out whether your medical provider was negligent and make the first step in righting the wrong.
Medical providers are required to provide treatment to a reasonable standard of care. They also owe a duty of care to their patients to take proper care. If there is a breach of the duty of care and there has been harm caused to you as a result of that breach, the medical provider may be liable to pay compensation for the harm caused to you.
What Can I Claim?
Pain & Suffering
This includes both physical pain and psychological pain, plus loss of employment. Loss of employment includes hobbies or activities that you previously enjoyed doing, but are now unable to do because of your injury.
Past & Future Care
Depending on the circumstances, you may be able to claim for any assistance you have been given by a family member, including your child, spouse or parent. If that assistance is required into the future then this is also claimed.
Costs Associated With Your Recovery
This includes medical costs you have already paid, future medical costs, medications, nursing and rehabilitation costs.
Financial Loss or Loss Of Income
This is any time you’ve already taken off from work due to the injury as well as any expected loss of future income.
No win – No fee?
How Much Will My Claim Cost Me?
Please contact us for a no obligation chat to discuss your medical negligence matter with you in more detail.
If we assess that you have a good chance of receiving compensation then we may back you with a no win, no fee agreement.
This means we don’t get paid until you do.
If your claim is successful then our fees will be deducted from your settlement. We’ll give you an estimate of our fees at the start of your matter to give you an idea on the fees that will be deducted.
If your claim doesn’t fall under our no win, no fee agreement then we will provide you with an estimate of our fees to action the matter for you, plus the funds required to commence the matter.
Why choose Adelaide Legal?
It can be difficult to find out what you’re entitled to and the best way forward. We provide you with clear legal advice and the positive assistance required to achieve the best possible result for you.
We understand that it’s not always easy to discuss personal issues, worries and concerns with a stranger, but our friendly lawyers know this and do all they can to become part of your support network.
We take our work very seriously, because you matter to us. Our goal is simple: to deliver the best outcome to you.
How long will it take for me to receive my compensation?
It is usually best to wait until a medical professional is of the opinion that your injuries have stabilised. This is because until then, we can’t be sure of the full extent of your injuries and therefore what you are entitled to claim.
A typical claim may take between 12 to 18 months to resolve, however, a more difficult matter could take longer.
We will keep you informed every step of the way regarding time lines on the information we have at the time.
Please note that there are strict time limits that apply to this type of claim. Make sure you realise your rights to a medical negligence claim and contact the team at Adelaide Legal.
“Upmost professionalism from a great team. I would recommend to anyone seeking advice for an MVA insurance claim.”
Joel Dixon
Sofia Butenko
Law Clerk
FAQs
Medical negligence occurs when a health provider such as a doctor, hospital or pharmacist delivers care below a reasonable standard and this causes you physical, psychological or financial harm.
Common examples include failing to diagnose or delaying the diagnosis of a condition, injuries caused during surgery and misdiagnosis that leads to incorrect or delayed treatment.
Contact Adelaide Legal for an initial chat, gather your medical records and any notes about what happened, and allow a lawyer to investigate whether the treatment fell below the required standard of care.
You may be able to claim for pain and suffering, past and future care needs, medical and rehabilitation expenses and loss of income if your ability to work has been affected by the negligent treatment.
If your matter has good prospects, Adelaide Legal may act for you on a no win, no fee basis, meaning legal fees for professional work are only payable if your claim succeeds and are usually deducted from your settlement.
Most claims are not finalised until your injuries have stabilised so the full impact is known. A typical medical negligence claim may take around 12 to 18 months, although more complex matters can take longer.
You may be able to claim if negligent treatment by a medical provider has caused you psychological, physical or financial loss. Medical providers include hospitals, doctors, nurses, dentists, pharmacists and other health professionals.
In most cases the medical provider is covered by professional indemnity insurance, so any compensation is usually paid by their insurer rather than out of the provider’s own pocket.
A medical provider can be a hospital, GP, specialist, surgeon, radiologist, nurse, dentist, pharmacist, physiotherapist, chiropractor or other health professional involved in your care.
You need to show that the treatment you received fell below the standard reasonably expected of a competent provider at the time. This usually requires an expert medical report commenting on what should have been done and whether the care was inadequate.
Damages are the losses you have suffered because of the negligence, such as pain and suffering, loss of earnings, treatment costs and care needs. If negligence is proven, you may be entitled to compensation for these losses.