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 medical 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:
- Past, present and future medical and rehabilitation expenses including paid care.
- Loss of income as a result of not being able to work.
An unexpected or negative outcome from your medical procedure is generally not enough basis for a medical negligence claim. What needs to be proved is that your doctor acted outside of their duty of care.
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.
If you believe you have a genuine case for claiming medical negligence and need help proving it (such as a delayed diagnosis of cancer), 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 medical negligence claim process take varying amounts of time.
Generally, you are able to initiate the compensation claim process three years from the date of your procedure/prescription that resulted in your suffering. Because of the difficult burden of proof and attribution of your injuries to your medical treatment, time constraints can be highly variable.
Because of this, we suggest getting in touch with us to for more information about your claim.