Enter your Email address to receive frequent updates.
Medical negligence compensation / claim.
About your medical negligence claim for compensation
courts in Australia and Wales have been very reluctant to find in favour
of a plaintiff in any medical negligence claim brought against hospitals
or local authorities. Thus, in order to determine whether or not you
have a claim for medical negligence, it is essential that you seek the
advice of a medical negligence solicitor as soon as you possibly can
after the event that transpired that led you to believe that you were
entitled to injury compensation.
Establishing A Duty Of Care The crux to any medical negligence claim
you make, whether such be against the doctor who operated on you, the
hospital where you had the treatment, or the local authority under whose
control the hospital comes under (or the NHS directly itself), is being able to prove that you were owed, what is
known in legal jargon as, a duty of care. In this regard, clinical
negligence will arise if you were owed such a duty of care and you were
not treated with a reasonable degree of skill that would otherwise be
expected from a skilled medical practitioner.
As such, if your doctor treated you in such a way that it could
be considered careless, or lacked the training required, or if they
disregarded the normal rules associated with treating your problem, then
you may have grounds for a medical negligence claim.
Keep in mind, however, that previously the courts have said that even
in situations where doctors have been on-call for 24 and 36 hours, or
more, and mistakes were made due to fatigue in service, a medical
negligence claim may not get intimidated - so, it is imperative that you
have a medical negligence solicitor representing you and protecting your
interests from the outset if you want to stand any chance of winning
your medical negligence case.
The Standard Of Care
You would have thought that being a doctor was
sufficient to assume that they should know what they're doing and have
reasonably foreseen if they did cock-up, as it would result in a
clinical negligence claim. It is unfortunate in Australia, in any
accident claim that involves doctors or medical practitioners, things
can get nasty. For them its wasted years of education if they get
banned. The medical profession is a close community and in most cases
they will not admit that someone within their profession was negligent
unless the actions of that person could be considered grossly negligent.
For this reason youll need a good and experience solicitor in medical
If you believe that you have a cause to sue for
medical negligence compensation, then you are required to start your
claim proceedings within three (3) years from the event that caused the
accident injury. If you are entitled to claim, one of the few exemptions
to this rule is medical incapacity. Otherwise, if you do not start your
injury claim process before this time, you will forfeit your right to
claim for compensation. As such, if a med neg situation does arise, see
a specialised solicitor as soon as you can.
Cannot Afford To See A Solicitor
If you believe that you cannot
afford to seek the advice of a medical negligence solicitor following
what you believe is clinical negligence, don't worry - you can find
solicitors these days who are willing to listen to your story and submit
a claim on your behalf based on a no win no fee basis. Fortunately, in
some cases no win no fee solicitors don't even take a consultation fee
from you. You can make arrangements with your solicitor who will submit
a claim for their fees at the conclusion of your case against the
insurance company of your opponent (after you win). So, if you believe
you have a claim for medical negligence, don't be put off seeing a
solicitor until tomorrow, go and see a no win no fee specialist
in medical negligence today.
The legal information in this website is of
general nature only and should not be regarded as formal legal or
AllGoodLawyers.com makes no representation,
guarantee, or warranty (express or implied) as to the legal ability,
competence, or quality of representation made by any lawyer, nor shall it have any liability nor
responsibility for the results or consequences of any legal representation
provided by any of the attorneys or law firms listed in this web site.
Any electronic communication sent to any of the attorneys or
law firms listed herein, by itself, will not create an attorney-client