Medical Negligence Claims
Healthcare providers have a legal obligation to treat patients with reasonable care and skill. If they don’t, they could be guilty of medical negligence.
Unfortunately, in this imperfect world we live in, providers do not always live up to these expectations, often with catastrophic implications for many ordinary Australians.
No Win No Fee
Do not let the idea of crushing legal fees prevent you from making a claim – speak to us first!
In many of our cases we work on a no-win-no-fee basis, collecting our fees only after your matter has been settled. We will do an assessment and let you know where you stand right from the start. Should anything change in the course of your matter, we will let you know immediately. Click below to find out more about our no win no fee terms.
What is a medical negligence claim?
A medical negligence claim is a claim for compensation for an injury caused by a negligent healthcare provider.
There are many ways in which healthcare providers could be negligent, from making a wrong diagnosis and not referring you for treatment in good time to making a mistake during surgery or not providing proper care after your surgery.
What you are entitled to
Medical negligence payouts are wide-ranging and will depend on various factors.
Consideration will be given to the seriousness of your injury rather than the degree of negligence. Other important factors are your age, your past and future expenses, as well as what you earned before you were injured or harmed and what you possibly would have earned had you not been injured or harmed.
The aim is to put you in the position you would have been in had you not suffered the harm or injury.
Compensation usually makes provision for loss of past and future earnings, pain and suffering, loss of enjoyment of life, home and vehicle modifications, rehabilitation and specialist medical care.
How we can help
To make a successful medical negligence claim, you would have to prove that your healthcare provider did not provide services and treatment with reasonable care and skill or did not adequately inform you about the risks involved in your treatment and possible adverse outcomes. This process can be rather involved and requires input from medico-legal experts. Gillis Delaney are exceptionally well placed to help you with this as we work with a loyal team of experts covering all fields of medicine and who keep up to date with all the latest developments.
Medical negligence claim process