Lidia Monteverdi on 2GB Chris Smith Show discussing Medical Negligence 19 June 2021

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CS – Chris Smith/LM – Lidia Monteverdi /C1,2,3, etc – Callers

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Listen to the podcast

Read the transcript below:

LM     Good morning, Chris, how are you? 

CS       I’m very, very well. Now, Nadia, one of our listeners has sent us an email. This is directed to you. I had a long and difficult delivery of my child 2 years ago. She’s recently been diagnosed with cerebral palsy. Can I bring a medical negligence claim on her behalf?

LM     Great question. The short answer to the question is yes you can, so for people who are under 18 years of age a claim can be brought on their behalf by a person called the tutor. Now this person is appointed by the court to provide instructions on behalf of the minor person’s behalf. In the case of children the tutor is normally a parent. Now in relation to whether you have a claim, you would need to show that your daughter’s cerebral palsy was caused usually by an issue during labour that was mismanaged.

CS       But it may not be right?

LM     No, that’s right and this is because there are a number of different causes for cerebral palsy, some of which are jot caused by negligence and they might just be genetic or due to prematurity.

CS       Okay, you’ve got to be able to prove that.

LM     Yes, that’s right and you need to show that the issues during labour should have been picked up earlier and acted on and if they were, and usually the case is that your daughter should have been delivered earlier, then her cerebral palsy would have been avoided.

CS       Okay, so the answer quickly Nadia is yes and you should see a lawyer, preferably one from Turner Freeman would be advisable. Okay, Dean has another email for us, I recently had surgery and I now have an infection in the surgical wound. I’m a self-employed builder and I’m worried that I don’t have any money coming in because my recovery is taking longer than expected, do I have a medical negligence claim?

LM     Again, great question, infection cases can arise quite often because infections are such a well-known risk of any surgery, so in order to be successful you have to show that the infection was preventable or that it should have been picked up and treated much earlier. Now this is known as establishing liability, so I hear your concerns about not having any income, if you can establish liability then you can claim for your lost wages both in the past and future as well as any out of pocket treatment expenses, your need for domestic  care and assistance and for your pain and suffering which is known as non-economic loss.

CS       But there’s no bridging finance that he can access?

LM     No unfortunately, medical negligence claims are a once and for all case so there’s very limited opportunity to you to get what’s called an interim payment in such claims.

Turner Freeman Lawyers is famous for getting people the compensation they deserve, search Turner Freeman Lawyers, call 13 43 63 or email your enquiry to 2GB@turnerfreeman.com.au