Medical negligence is a complex area of the law, as it can present many challenges for the client and lawyer. This area of the law covers injuries that result from the negligence of a health care professional. A health care professional who is sued for negligence may be a doctor, nurse, physiotherapist, or another member of the healthcare staff. Patients may sue a hospital for negligence as well.
Damages for Medical Negligence
Typically, when this type of claim is made, it is done to recover the following types of damages:
- Past, current, or future loss of wages
- Pain and suffering
- Past, current, or future medical treatment costs
- Out-of-pocket costs
- The costs associated with homecare
How a Medical Negligence Claim Can Originate
A medical negligence claim can come about for one of various reasons. For example, the claim may result when a doctor fails to make a diagnosis for a particular condition. It may also be proven if a patient was not properly monitored during a procedure.
Procedures Are Not Performed With Reasonable Care
If a procedure was not performed with reasonable care, it can also lead to a negligence lawsuit. Sometimes a negligence claim is filed if a doctor did not advise the patient about the risks involved with a procedure or treatment. In some instances, negligence results when a healthcare provider fails to follow up on post operative care or on certain test results.
Areas Where Negligence Claims Are Made
The common areas where medical lawyers in Queensland focus on negligence claims include the following:
- Infectious disease
- General surgery
- Emergency medicine
How Evidence Is Gathered and Assessed
Again, negligence can be a challenge to prove. However, when you collaborate with a legal representative who has a solid understanding of medical negligence, it makes it easier to submit your claim and reach a settlement. In order to prove this type of case, a qualified lawyer will obtain expert medical opinions and evidence from hospital representatives, physicians, and nurses to gain a better insight into a claim. For instance, if most experts concur that a medical provider acted in a way that is considered unacceptable, you, no doubt, will have a better chance of winning your case.
In some instances, there may be some uncertainty. Still, a qualified lawyer can advise you on the outcome of the case and cover all the legal costs for the action. This type of suit is brought on a no win, no fee basis. Therefore, if you do not win your case, you do not have to pay for it. The law mandates that a medical negligence claim must be submitted within three years. Therefore, if you wish to submit a claim, you need to speak to a lawyer immediately.