Osborne Park Hospital Medical Negligence Compensation Claim Solicitors
The figures for medical negligence in Australia are truly shocking with the highest rate of injury and death in the developed world. There are an estimated 20,000 deaths and a further 50,000 serious injuries caused by clinical errors in Australia annually however less than 2,000 people actually bother to take legal action every year, to claim the compensation that is their entitlement. Our medical negligence solicitors deal with compensation claims against Osborne Park Hospital in Perth. If you would like free advice without further obligation just use the helpline or complete and send the contact form or email our offices. A specialist clinical negligence lawyer will speak to you on the telephone and will advise on the liability of Osborne Park Hospital and will estimate the amount of compensation that you might expect to receive in the event of a successful outcome.
Standards of Care
Whether or not a doctor, nurse, dentist or technician working at Osborne Park Hospital is negligent depends on the standard of care with which the patient was treated. There are no absolute standards and there is no legislation that sets out statutory detailed standards. A healthcare professional is expected to achieve a reasonable standard of care which is determined by comparing the treatment given to the patient with the treatment that would have been offered to patients suffering from a similar illness by other reasonably competent healthcare professionals practicing in a similar location. The fact that the chosen treatment fails whereas other alternative treatment may have succeeded does not necessarily imply negligence provided that the failed treatment was logical and was supported by a substantial body of medical opinion.
Compensation Awards
Damages payable in Osborne Park Hospital medical negligence compensation claim include the following items :-
- pain & suffering
- loss of lifestyle and congenial employment
- continuing medical expenses
- special care aids, prosthetics & equipment
- disadvantage on the open labour market
- loss of past & future earnings including pension rights
- adapted transport & travel expenses
- adapted accommodation
- out of pocket expenses
- legal charges
- care and assistance including household chores
Limitation
All legal action for damages for personal injury caused by the negligent actions of a third party are the subject of statutory time limits. Failure to abide by the time limits usually means that the opportunity to receive compensation in a clinical negligence claim is lost forever. Time limits are necessary because memories fade, witnesses die or move and cannot be contacted, documents are lost, records become corrupted and those involved need to be able to move on.