It’s natural to put your absolute trust in health professionals, so if you have been injured as a result of medical negligence you may be entitled to compensation.
If you have suffered injury because a health professional failed to obtain appropriate consent from you, failed to diagnose an illness or injury or failed to treat you appropriately then you may have a claim. In most cases, we will be able to tell you if your claim will succeed after you discuss the circumstances with us.
What will we do if you have a claim?
If you have a claim then we will handle all negotiations with the responsible health professional (or their insurance company). We will get medical reports from doctors relating to your injuries and, often, evidence about the incident. Throughout your claim we will liase with you, the responsible health professional and the doctors to gather enough information to accurately assess your compensation.
What can you claim for?
Before your claim is finalised we will take into account your pain and suffering, the wages that you have lost (from not being able to go to work), the medical expenses that you have incurred and may incur in the future and your loss of future earning capacity (if your ability to work is reduced). We will discuss these entitlements with you throughout your claim.
How long will your claim take?
The length of your claim depends on how long it takes you to recover from your injuries. Your claim cannot be finalised until you have fully recovered or you have recovered as well as can be expected (in the opinion of your doctors). This is because an assessment of your future medical expenses and permanent incapacity will form a part of your claim. Once your claim has been finalised it can’t be changed, so it is important that your claim not be resolved until we are fully informed about what future problems you may have.
When should you seek legal advice?
If the claim is going to go to court, it needs to be filed with the court within 3 years of the injury occuring. However, we recommend that you get legal advice as soon as possible after the injury occurs.