Eligibility For Medical Negligence Compensation

Have you been wronged? You may be entitled to compensation..

Just wanted to write a short “thank you” note. My experience with BPC has been more than I could ask for. You were very understanding with me and the result was fantastic. I can now begin to put my life back together. Radmila, Parramatta

A claim for medical compensation can arise from a failure to diagnose or misdiagnosis of a wide range of medical conditions.

The timeliness of your claim is important or it may be barred by time limits prescribed by law for bringing a claim in court.

Don’t delay! Contact our Medical Negligence Compensation Specialists today.

Beilby Poulden Costello have been at the forefront of medical litigation, representing victims and families of medical negligence and helping them get the compensation they deserve.

Senior partner Courtenay Poulden has been quoted regularly in the media about cases of medical negligence and the compensation to which victims are entitled.

What the law seeks to instill among health providers is a standard of reasonable care for the safety of their patients. Aside from the absence of reasonable care, there must also be a showing that:

  • the patient suffered from harm or injury
  • the injury is a direct result of the failure to take reasonable care
  • the injury or harm was foreseeable at the time reasonable care was not exercised

The following situations may be considered negligent:

  • failing to or delay in diagnosing a condition
  • failing to or delay in providing the appropriate treatment or referral for the condition
  • failing to perform surgery with reasonable care and skill
  • failing to report correctly on test results
  • failing to provide post-operative care with reasonable care

A claim for compensation can arise from a failure to diagnose or misdiagnosis of a wide range of medical conditions including the following:

  • ectopic pregnancy
  • heart valve problem
  • cancers of the liver, ovary, cervix, breast, prostate, lung, stomach and skin
  • limb fracture
  • lumps and tumours
  • nerve damage
  • aneurysm
  • deep vein thrombosis

How to file a claim for medical malpractice

Medical malpractice is a complex case requiring the assistance of a specialist to help you establish your claim. If you think that you have a case for medical negligence, it is important for you to consult a malpractice specialist who will take your statement and make a preliminary assessment of your case.

If medical negligence appears on the preliminary assessment, the specialist will conduct a closer investigation of your case by obtaining your medical records and reports from your treating doctors, and an independent medical expert’s opinion to bolster your claim.

You will also be asked to produce documents such as receipts, records and other papers proving financial costs and losses that you incurred as a result of the injury or harm you suffered.

Time limits

The timeliness of your claim is important or it may be barred by time limits prescribed by law for bringing a claim in court. While these limits may vary across territories, experts recommend that you consult a medical malpractice specialist at the soonest time to avoid losing your claim to a technicality.

Do Patients still have the ability to sue for Negligence?

Although there are laws that restrict people’s rights to sue medical treatment providers for negligence, the capacity to sue has not been totally removed.  If you can prove that someone has been negligent and that you have suffered damage as a result, then you probably still have a case.  The devil, however, is always in the detail.

READ MORE

Causes of Medical Negligence

Although there are laws that restrict people’s rights to sue medical treatment providers for negligence, the capacity to sue has not been totally removed.  If you can prove that someone has been negligent and that you have suffered damage as a result, then you probably still have a case.  The devil, however, is always in the detail.

Like any profession or job doctors and other medical professionals can make errors of judgement or neglect to carry out their duties to the required standard. Usually this is not the case and the vast majority of medical practitioners do excellent work every day in our hospitals and clinics. When they do occur, however, incidents of hospital negligence and medical errors are often due to the pressure (and fatigue) of working long hours in what is undoubtedly a stressful environment.

READ MORE

A. Delayed Diagnosis of Cancer.

Delayed diagnosis of cancer is one of the most common types of delayed diagnosis cases. Unfortunately, this occurs a lot more than it should. When considering suing their doctor for delayed diagnosis of cancer, plaintiffs must consider the fact that they already had cancer when the negligence occurred. It is this very pre-existing cancer which gives rise to the possibility of a case – the cancer was there to be diagnosed, and that opportunity was lost

READ MORE

Success Story.

Beilby Poulden Costello have played a lead role in a number of matters arising out of the Campbelltown/Camden Hospital failures which it will be recalled resulted in a special commission of inquiry into Campbelltown and Camden Hospitals undertaken by the Health Care Complaints Commission.

We have a number of past clients who have suffered as a result of failures in the South Western Area Health Service. Regrettably in some of the cases this has involved us having to represent the families at Coronial Inquests into tragic deaths which evidence supports were able to be prevented with reasonable care on behalf of the hospitals.

We continue to be involved in important litigation on behalf of individuals and families. Some examples of the types of matters are listed below.

READ MORE

Eligibility.

What the law seeks to instill among health providers is a standard of reasonable care for the safety of their patients. Aside from the absence of reasonable care, there must also be a showing that:

  • the patient suffered from harm or injury
  • the injury is a direct result of the failure to take reasonable care
  • the injury or harm was foreseeable at the time reasonable care was not exercised
READ MORE