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Medical Negligence Claims – Adelaide

Motor Vehicle Accident Injury Claims

Public Liability and Personal Injury Claims

We place a great deal of trust in the medical profession to take exemplary care of us when we seek medical attention. Unfortunately, things can go wrong, and if they do it is considered a serious case of medical malpractice. This brings into question the medical practitioner’s quality of care and whether they should be allowed to continue treating patients in the future.

Medical negligence covers injuries that occur as a direct result of a doctor, nurse, physiotherapist, chiropractor, hospital, or other health professional failing to provide reasonable care and a standard of skill one expects in the treatment of a patient. Some examples of medical negligence include:

  • Failing to obtain consent from you to perform a medical procedure;
  • Misdiagnosing an illness or injury;
  • Failing to treat your medical condition appropriately;
  • Prescribing incorrect medication or dosage;
  • Failure to communicate what is involved in a procedure or what the risks are; and
  • Practitioners performing procedures that they are not qualified to do.

If you suspect you are the victim of medical negligence then you may have a legitimate claim for compensation. Such a claim may cover:

  • Pain and suffering;
  • Past, present and future loss of income;
  • Past, present and ongoing medical expenses;
  • Home care costs; and
  • General out-of-pocket expenses.

A Scammell & Co. injury lawyer will:

  • Assess your case;
  • Handle negotiations with the health practitioner (or their insurance company);
  • Engage medical specialists to provide expert opinion on your circumstances; and
  • Gather evidence including relevant medical reports.

Our injury lawyers have a record of success in achieving compensation for their clients. Contact us today to discuss your circumstances and options.

 

FAQs

I have sustained an injury. Do I have a claim for compensation?

If you are injured as a result of medical negligence, you may well have a claim. It is important that you identify the person, company, or business responsible for your injury. We can conduct searches and investigate who was at fault for your injuries. You can then claim compensation from them.

How is it decided whether I get compensation for my injuries?

You will only have a claim if the injuries and losses resulted from the negligence of another person, or company. We can provide you with advice about what is required to prove negligence.

Once we have established ‘fault’ (known as liability), we will then advise you how to prove the extent of your injuries and loss.

This is commonly referred to as the quantum (amount) of your claim.

What are my entitlements for compensation?

The law divides the compensation you can receive into many different categories including:

  • The pain and suffering you have endured.
  • Any residual disability or scarring you may have from your injuries.
  • Time off work or loss of work opportunities.
  • The cost of medical treatment you have received and will need to continue to receive.
  • The market value of the help that your spouse, parents or children have given you due to you injuries.
  • The effect of your injuries on your ability to earn an income.

Some categories have the potential to attract large sums of compensation while for others, including pain and suffering, the law has effectively capped the amount of compensation that can be paid.

The law in this area is complicated and it is therefore very important that you engage a solicitor to maximise your claim.

How long will the claim process take?

Claims cannot be finalised until you have either fully recovered or recovered as well as you are going to in the opinion of your doctor. That is because an assessment of your future medical expenses and permanent incapacity (if any) forms part of your claim. If you have suffered a serious injury and need a long rehabilitation process, the time to settle your claim may take longer to resolve.

It is important to note that once your claim is settled, it is considered resolved once and for all. Therefore, it is important that your claim is not finalised until such time that we are fully informed of any potential problems you may encounter in the future.

Do you offer “no win – no fee” arrangements?

Scammell & Co. offers a “no win – no fee” arrangement for personal injury claims. This means that we do not charge you for our legal fees unless we are successful in obtaining compensation for your claim.

Are there time limits on lodging a claim for compensation?

In South Australia claimants generally have a three-year time-limit from the date of injury in which to lodge personal injury claims.

Other types of claims such as motor vehicle accident claims have different time-frames. Please refer to the Motor Vehicle Accidents page for details.

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