At the minimum, a successful claim will often reimburse: your past, present and future medical and financial costs that have and will occur as a result of your dental negligence. On top of this, you may be legible to claim a settlement figure for your pain, suffering and loss of life quality. Generally, you can claim compensation for:
- Damages for pain, injuries and suffering (such as loss of vision, temporary blindness, scratched/torn corneas, eye hemorrhaging and corneal abrasion)
- Out of pocket expenses including loss of income (in some event could include future loss of earnings if you suffered from errors made during cosmetic surgery which affect your employment prospects)
- Medical expenses including a refund of any dues already paid to the liable party and also any expenses incurred or likely to be incurred in rectifying the damage caused to you.
An unexpected or negative outcome from your medical procedure is generally not enough basis for an eye injury claim. What needs to be proved is that your medical practioner acted outside of their duty of care (such as a laser eye surgeon performing surgery under the influence of drugs/alcohol and using faulty equipment). If your injury occured at work, it must be proven that the workplace did not provide reasonable, safe working conditions that could have otherwise avoided your injury.
A breach of your medical practioners duty of care includes, but is not limited to:
- Failure to fully explain all associated risks of the procedure/medication
- Performing a procedure in hazardous conditions.
- Medical misdiagnosis or incorrect drug prescription resulting in significant physical and/or financial loss.
- Unsafe working conditions
If you believe you have a genuine case for claiming compensation and need help proving it, get in touch with us for a complimentary, no-obligation consultation.
In most cases, the insurance company of the medical practitioner at fault will cover the compensation settlement. All doctors, nurses and medical practioners are required to have Professional Indemnity Insurance in order to cover negligent cases. Generally the person responsible does not pay out of pocket.
Different aspects of the compensation claim process take varying amounts of time.
Generally, you are able to initiate the compensation claim process three years from the date of your incident that resulted in your suffering. Because of the difficult burden of proof and attribution of your injuries to your injury, time constraints can be highly variable.
Because of this, we suggest getting in touch with us to for more information about your claim.