Medical negligence claims are one of the most common types of compensation claims available in Australia. If you have been a victim of medical negligence, you will be entitled to claim financial compensation. All medical negligence claims are processed on a no win, no fee basis. This essentially means that regardless of whether your case is successful, and you have also cooperated fully throughout the procedure, you will not have to pay a single penny for your medical bills. But exactly what does this mean?
First of all, you should understand the basic principle of these claims. You must be able to prove that you were not at fault when you suffered injuries from a medical provider. This means that even if you signed forms releasing the health service provider or management company of responsibility for your injuries, you still could not be held responsible for these injuries. In addition to this, even if there was a doctor on call when you suffered the injuries, you cannot be held responsible for any actions taken by this doctor. So, medical negligence claims work on a no win, no fee basis, which means you can make as many claims as you like and your chances of winning increase dramatically.
There are some special factors involved when filing for a medical negligence claim. It would be best if you first established the exact cause of your injury. Even if you were injured because of a simple slip and fall, your solicitor might ask you to show that the injury resulted from a dangerous condition. For example, if you were stung by a bee, your solicitor will want you to show that the sting has caused you swelling and pain. Only when you can point out your injury’s exact circumstances can your solicitor make a successful medical negligence claim for the damage caused by the offending sting.
If you are filing medical negligence claims, you will also have to establish the misdeeds of the medical personnel or staff at the care home. If they willfully inflict an injury on you and fail to refer back to medical evidence to support their claim, you may succeed in court. For example, misdiagnosis is a big issue and often causes unnecessary suffering. Misdiagnosis commonly occurs when a doctor makes the mistake of assuming that a patient requires ‘no harm’ treatment. As a result, they prescribe an incorrect course of treatment and the patient’s suffering is therefore prolonged.
Negligence can also cause further injuries. This could include loss of wages, damage to property, pain and suffering. A typical way you can file for medical negligence claims is when a healthcare staff member treats you badly and then tries to blame it on you. Even though you had asked for the specialist advice and medication, your solicitor may claim that you still require recovery from your injuries. However, it may be difficult to prove if this was a result of negligent treatment.
To make a successful medical negligence claims case, you will need to carry out some detailed investigations. You should find medical records to prove that you suffered injuries due to the carelessness of the defendant. It is best to keep medical records in written form rather than using an electronic medium as these may become lost. Also, it is vital to gather witness information to prove that the negligent party was aware of the potential risks they were taking when treating you. Witness information can often be found online.