Within your initial consult with our team, explain what you experienced and we will be able to advise what legal options are available to you so you know whether or not you can proceed with bringing forward a claim for medical negligence.
Medical Negligence Lawyers Adelaide
What is considered Medical Negligence?
Also commonly called medical malpractice, it refers to medical treatment errors and health professionals failing to diagnose medical conditions, misdiagnosing or being too slow to diagnose health conditions.
Who is eligible to claim compensation for Medical Negligence?
People who have sustained an injury whether it be either physical or psychological due to medical malpractice could be eligible to receive compensation. The death of a family member due to medical negligence is also a cause for a personal injury claim.
Types of Medical Negligence Claims
Medical malpractice and negligence can occur in a wide range of medical practices. Below are some examples:
- Birth injury claims such as, neonatal deaths and stillbirths.
- Misdiagnosis or a prolonged diagnosis period.
- Not requesting more tests, not requesting a specialist onion.
- Not receiving appropriate treatment.
- Incorrectly performed medical procedure.
- Inadequate post operative care.
- Malpractice at the dentist.
- Incorrectly prescribing medication or making mistakes giving medication.
Making a Medical negligence claim in South Australia
The medical negligence lawyers in our Adelaide office will work with you to make your medical malpractice claim. They will give you with clear legal advice and act as your legal representative throughout your case. We will work with you to achieve a victorious claim and get the best compensation results possible.
There are Time limits to bringing a claim:
Strict time limits apply so it is important to know your rights under compensation law and to take action within the limitation period. Generally a person has three years in which to claim from the date that the cause of action arises, which is usually the date of injury. So it is important to obtain timely legal advice for medical negligence claims.
How do I prove medical negligence occurred?
There are several thresholds that you have to meet in order to prove medical negligence or medical malpractice.
- The first threshold is that the healthcare provider who owed you a duty of care breached their duty of care through their negligent treatment of you. To do this, we must show that the medical providers actions were unreasonable and/or inappropriate.
- Then we must then prove that you have an injury that is worthy of compensation. The level of your injury must meet the thresholds imposed by medical negligence law.
The whole process requires extensive collaboration with our medical experts with whom we have developed a very strong relationship over a long period of time.
What are my next steps to make a medical negligence claim?
It is difficult to know whether you have a medical negligence case or not, especially when you hear different things from people. This is where we come in.
Our experienced medical malpractice lawyers in Adelaide will investigate your case on a “No Win – No Fee” basis. We will have specific regard to your instructions and the medical records. If your case appears to have merit, then we will brief the relevant medical experts to get independent medical reports and evidence. If we advise you to commence your case in Court, then again, we will pay the necessary costs in order to prepare your case for that course of action. If you do not win your case in Court, then you don’t pay any legal fees.
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Frequently asked questions
What other compensation could I be eligible for?
Once you have reached the time when your injuries are stable then you may also be able to make medical malpractice claims for:
- pain and suffering you have endured
- no longer being able to live the standard of life you used to, i.e not being able to play sports anymore
- lost income
- future loss of income
- superannuation you’ve lost and might lose in the future
- future medical expenses and financial burdens
- care such as nursing, modifications to your home and domestic assistance
Examples of eligible claims
- Failure to warn of risks;
- Not diagnosing medical conditions or diagnosing in an appropriate time frame;
- Not referring a patient to a specialist for appropriate treatment;
- Providing negligent medical care which resulted in more damage;
- Causing or making existing medical conditions worse;
- Misreading or incorrectly reporting on test results;
- Not providing competent professional practice.
What is a medical practitioner?
For the purpose of a medical negligence claim, medical providers are counted as an facility or person who provides medical care. For example:
- medical assistants
- lab personnel
- or other allied health professionals.
How will a lawyer assist me making my claim?
Our experienced lawyers will assess your potential claim, and inform you if you are able to make a compensation claim for medical negligence and any potential benefits you could claim. A medical malpractice lawyer will handle all aspects of moving your claim forward.
Why should Turner Freeman be my Lawyer?
Turner Freeman are one of Australia’s most experienced personal injury law firms. Our primary goal as personal injury lawyers is to accomplish rewarding outcomes for our clients with their personal injury claims and achieve their goals.
No Win No Fee Medical Negligence Lawyers Adelaide
During your first obligation free consultation our lawyers will analyse your claim and decide if it is viable. If it is decided the case is viable our medical malpractice lawyers will explain your prospects of success and begin work on your claim on a ‘No Win No Fee‘ basis. No Win No Fee means we are not paid for our work if you claim is not successful.