Newcastle Medical Negligence Solicitors Compensation Claims
As a patient, or as the family member of a patient, you place an enormous amount of trust in your doctor. You believe that because they have many years of university training and practical experience that they would follow the accepted standard of care. When a medical error occurs you are left wondering how could this have happened?
Our Newcastle medical negligence solicitors represent patients and their families in claims for compensation against negligent health care providers. Specialist legal advice is available to victims of medical negligence in the Newcastle and surrounding areas including the Hunter Valley, Central Coast, Gosford, Wyong, Broadmeadow, Maitland, Dungog, Port Macquarie, Port Stephens and the North Coast of NSW, Byron Bay, Ballina, Bellingen, Coffs Harbour, Casino, Grafton and Lismore.
If you would like free legal advice without obligation, contact our helpline, or complete the online Contact Form.
Compensation Awards
Medical negligence claims arise when patients are injured by careless or intentional acts of a doctor, surgeon, nurse, midwife, dentist, chiropractor, podiatrist, psychologist, hospital, or other healthcare provider. When these actions cause an injury to another person they are said to be a "tort," or civil wrong, which can provide the basis for a lawsuit.
To be successful in a claim for medical negligence compensation under tort law, the injured person needs to prove that the health care provider breached their duty of care to the patient and as a result of the breach in duty of care, the patient has suffered damage. Damage can be in the form of physical injury, disability, or psychological injury, which results in loss of income, expenses (such as the need for further medical treatment, rehabilitation), pain and suffering, and loss of life expectancy.
Negligent Treatment
The fact that a particular treatment fails does not necessarily show the existence of negligence which will only occur if the standard of care was below that required by law. Provided that treatment was logical and was supported by a substantial body of medical opinion there will be no finding of negligence even if alternative treatment may have succeeded.
Patients who believe that their treatment may have been substandard are often unsure as to whether they have the right to make a medical negligence claim. After all, medical treatment is risky by nature, and sometimes errors can happen despite the best of care. However, when something has gone wrong it is often very difficult for the patient to know whether there has been any neglect involved.
A solicitor experienced in handling medical negligence claims is the best person to speak to in these circumstances. If you have suffered an injury, disability or worsening of a condition due to poor medical treatment, you should seek legal advice straight away, as strict time limits apply when making a medical negligence claim. In NSW, legal action needs to be commenced within 3 years from the date of the negligent act or omission. There are some exceptions to this rule- special time limits apply to children (minors), and persons under an intellectual disability. If you would like to find out whether you still have time to make a claim, you should speak with a solicitor. They will tell you whether it’s too late to claim, and if there’s any chance that an extension of the time limit could apply in your case.
Types of Claim
- Birth injury (Erbs palsy, cerebral palsy, brain damage).
- Surgical error resulting in damage to nerve, artery or organ.
- Surgical equipment left inside patients.
- Wrong-site surgery.
- Failure to treat hospital infection.
- Failure to treat post-operative complications.
- Medication errors.
- Emergency department errors (including failure to treat emergency conditions in a timely manner. For example, failure to treat a heart attack, diverticulitis, meningococcal disease, brain aneurysm, and spinal injuries).
Misdiagnosis
Medical misdiagnosis can happen when the doctor fails to properly consider all of the patient’s symptoms. Sometimes a doctor may ignore the patient’s family history and risk factors. Other times, the doctor may fail to order correct diagnostic tests, or when they do order appropriate tests, they misinterpret the results.
Misdiagnosis is a serious issue which can result in a broad range of consequences for the patient. For most illnesses, the key to a positive outcome is to receive a timely diagnosis in the first place. Medical conditions such as cancer, brain hemorrhage, stroke and heart attack should be diagnosed as early as possible to ensure that damage is minimised.
In some cases, a misdiagnosis has meant that the patient has undergone an unnecessary operation, or they have been given harmful medications for an illness they do not have- medications which can exacerbate the underlying health problem.
In cases of misdiagnosis, our medical negligence solicitors can skillfully review the patient’s medical records, CT scans, x-rays, pathology tests and other medical reports to determine whether legal action for medical misdiagnosis is likely to be successful.
Negligent Medical Treatment
Australian law allows a patient to take legal action against a health care practitioner who has provided negligent treatment which has caused harm or injury to the patient. Negligent medical treatment may involve the provision of incorrect treatment or contra-indicated treatment (including medication and surgery); failing to perform surgery with reasonable care and skill; failing to provide reasonable post-operative care; failing to refer the patient to a medical specialist for treatment.
Specific examples of negligent medical treatment include:
Failure to Warn (lack of informed consent)
Doctors have a duty of care to warn their patients of material risks associated with proposed treatment, including surgery and medication. If the patient undergoes the treatment and the material risk eventuates, the patient could possibly argue that had they been advised of the material risk, they would never have undergone the procedure or treatment in question. These cases are often difficult to prove. Our solicitors can advise you whether you are likely to succeed in a failure to warn claim.
Product Liability Claims
Legal action may be possible against manufacturers of faulty medical devices and products such as faulty hip replacements, knee replacements and pace makers.
Time Limits
All personal injury claims have time limits and a Newcastle Hospital medical negligence compensation claim must either be settled or proceedings must have been issued in a court of law within the limitation period failing which the opportunity to claim compensation may have been lost forever. Limitation issues can be complex legal matters and it is essential that you obtain advice on with Newcastle Hospital medical negligence compensation claims as soon as possible after the event giving rise to potential legal action.
No Win No Fee Solicitor
Our Newcastle Medical Negligence Solicitors operate on a No Win No Fee basis and have many years experience in assisting victims of medical negligence and their families receive much needed compensation.
No Win No Fee basically means that you will not be charged by your solicitor for their time spent on your case, unless you succeed in your claim. If your claim is successful, then the majority of your legal costs are usually paid for by the defendant’s insurance company.
If you feel that you or a family member has suffered as a result of medical negligence, then you should seek legal advice straight away, before it’s legally too late to commence legal action. There is a strict 3 year time limit for commencing compensation law suits in NSW, however some exceptions apply, especially in the case of babies and children harmed by negligence.
In addition to handling claims for medical negligence compensation, our solicitors are able to assist with formal complaints to the relevant health bodies (such as Area Health Services, the Health Care Complaints Commission, and the Medical Council). Legal representation is also available for coroner’s inquests.
If you would like more information about your rights to medical negligence compensation, then contact our freecall helpline, send us an email, or complete the online Contact Form. This is an obligation-free service for patients and their families in Newcastle, the Central Coast and North Coast of NSW.
Australia has the worst record of errors by trained healthcare providers anywhere in the developed world, according to the World Health Organisation. Newcastle Hospital medical negligence compensation claims are not uncommon with high risk areas including gynaecology, obstetrics and accident and emergency. Our specialist personal injury solicitors deal with Newcastle Hospital medical negligence compensation claims using the no win no fee scheme. We only get paid if you get paid. If you would like to speak to a qualified lawyer who specialises in clinical claims without any further obligation just use the free helpline or complete the contact form or email our offices. We will take a detailed statement from you over the phone and will advice you there and then on our views on liability and the anticipated amount of compensation in the event of a successful Newcastle Hospital medical negligence compensation claims.