Most Australians trust their doctors with their lives. When a medical professional makes a bad decision or is negligent in their duties, it can have disastrous results for the patient. There is a duty of care which must be adhered to and when breached, can harm rather than heal. When this happens, the patient may choose to file a medical negligence claim.
Medical Negligence Claim Basics
Most importantly, a medical negligence claim must be filed in Court within 3 years of the injury, otherwise you could lose your legal right to compensation. Before commencing Court proceedings, you must follow some pre-Court steps. First, a notice has to be issued to the doctor or medical facility against which you are claiming. They must provide you with their medical records.
You must then obtain a report from a medical specialist confirming the nature of your injuries, whether the doctor or medical facility was negligent and, if so, did that negligence cause the injury to you.
How Much Compensation Can I Receive?
The amount of compensation you receive will vary based on the severity of the injury and how long and to what degree it will affect your life. There are no set payout amounts for this type of claim. Damages are typically calculated by adding up your losses, which include:
- Out of pocket expenses
- Lost wages
- Cost of care
- · Loss of future income
- Pain & suffering
- Cost of home modifications
- Cost of domestic assistance
Lodging Your Medical Negligence Claim
Lodge your medical negligence claim as soon as possible to begin the process and stay within required time limits. In some cases, you may be able to make a claim for a deceased loved one. To learn more about eligibility and compensation, contact Carew Lawyers today. We’re ready to discuss your injury.