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MEDICAL NEGLIGENCE CLAIMS

When you have suffered an injury or illness caused by the negligence of

  • a medical practitioner or doctor of medicine
  • a hospital, a hospital surgery or
  • other provider of health related services such as a rehabilitation centre.

A dependent of a person who has died as a result of an injury or illness caused by the negligence of

  • a medical practitioner or doctor of medicine
  • a hospital, a hospital surgery or
  • other provider of health related services such as a rehabilitation centre

may be entitled to compensation.

Who May Claim?

You are entitled to expect that a medical practitioner (Doctor) or a hospital or other health provider (such as a physiotherapist, chiropractor or dentist) will act in accordance with standards of reasonable care when they advise you about your medical condition and how they treat your medical condition.

When the standard of care you received was not in accordance with reasonable practice and as a result you have suffered injury or illness then you may be entitled to compensation.

When there is a Death

When a doctor, hospital or other health service provider treat a patient not in accordance with standards of reasonable care it may result in the death of the patient.

In those circumstances dependents such as

  • the spouse,
  • parents or
  • children

Medical Negligence Compensation: Damages

Compensation (also known as damages) is made for physical injuries and psychological injuries resulting from the negligence of health professionals.
Compensation is intended to put you in the position you would have been in had the negligence not occurred. To put it another way, compensation is to compensate you for losses you have suffered as a result of the medical provider’s negligence.
Medical negligence might occur for errors in cosmetic surgery procedures, mistakes made during surgery, errors when prescribing medications (such as wrong dosages), mistakes made during pregnancy and labour, errors made during treatment by a chiropractor.
It is important to discuss the claim with Lindbloms at the earliest opportunity as time limits may apply when making a claim.
Lindbloms will address the three crucial aspects of a claim:

  1. Was the health care provider negligent? Keep in mind that not every error made will necessary show negligence
  2. Did the negligence lead to the injury?
  3. Did the treatment cause or contribute to the injuries.

Call: 8357 7611 to arrange your initial free consultation.

Types of Compensation for Medical Negligence

Pain and Suffering

This legal terminology describes compensation for the non financial consequences of your injury or illness.
Examples are:

  • pain,
  • discomfort,
  • anxiety,
  • impairment of your enjoyment and quality of life,
  • loss of or reduced enjoyment of social and recreational activities and,
  • in more serious cases, loss of career.

Economic Loss

When your earning capacity is affected by your injury or illness you may be entitled to damages to compensate you for your loss of earnings .
If you can no longer perform all of the duties required for your occupation or you have had to change jobs or cannot work at all then compensation may be available for loss of earning capacity.
When it comes to assess this compensation it will be necessary to investigate the extent which your injuries will affect your capacity for work over the rest of your working life.
These are complex and sometimes difficult calculations. Lindbloms has extensive experience in the field of claims for economic loss and you will benefit from our expertise and desire to fight for your proper compensation.

Superannuation Losses

Where an entitlement for economic loss can be established, damages for loss of Superannuation payments over the anticipated pre-injury life of your employment is also available.

Medical Expenses

As a result of your condition you will require further medical treatment and therapy.
There will also be the costs of

  • medicines
  • equipment and aids
  • home modification, vehicle modifications

Voluntary Services

When there are injuries people often need assistance from family to perform household and domestic tasks such as household cleaning, grocery shopping, household maintenance and gardening.
Where there are serious injuries assistance with dressing and undressing, showering, toileting and mobility may be necessary.
Compensation may be sought to cover these needs.
The compensation is calculated by reference to the cost that would be incurred if someone were paid to give those personal services.

Paid Services

Family and friends may not be able to provide the personal services required as a result of the injury.
It will then be necessary to pay for the services. The cost of such services is often recoverable as part of your compensation claim.
An insurer may agree to pay for someone to provide such assistance while your claim is being processed. We will fight for such payments on your behalf so that you will be able to have the necessary personal assistance before the final compensation is paid.
You may be able to be compensated for future paid services that you will require.

Compensation in case of death: Loss of Financial Support

Where the negligence results in death dependents may be entitled to compensation for psychological injury suffered resulting from the death.
When a person was financially dependent on the deceased he or she may be entitled to damages for loss of financial support.
Damages for loss of household assistance and other services may also be payable.

Call: 8357 7611 to arrange your initial free consultation.

Why Choose Lindbloms Lawyers

Lindbloms are able to read and understand the medical records of the health professional who it is claimed was negligent. We can also assess the medical records of all the health professionals involved in your care to understand details about the injury or illness caused by the negligence so that we can make a claim on your behalf for everything you may be entitled to.
In medical negligence claims reports are obtained from an independent medical practitioner in the same field as the health professional whose treatment you are concerned about.
This independent expert will advise whether the advice and treatment you had received was in accordance with reasonable standards of care and whether the advice and treatment was the cause of your injuries or illness.
We have a comprehensive understanding of the medical terminology involved through many years of experience in handling medical negligence claims.

Call: 8357 7611 to arrange your initial free consultation.

Transparent Information About Medical Negligence Claims

We will advise you whether your claim has a reasonable chance of leading to a positive outcome for you.
We will indicate the amount of damages that might be awarded.
We will inform you as to a likely cost of taking the action and how long the claim is likely to take to be resolved.

Call: 8357 7611 to arrange your initial free consultation.

Types of Doctors

General Practitioner
Anaesthetist
Cardiovascular and thoracic surgeon
Dermatologist
Emergency Medicine Physician
Gastroenterologist
Family Physician
General Surgeon
Gynaecologist
Internal Medicine Physician
Neurologist
Neurosurgeon
Obstetrician
Oncologist
Ophthalmologist
Ophthalmic Surgeon
Oral Surgeon
Orthopaedic Surgeon
Pathologist
Paediatrician
Plastic Surgeon
Psychiatrist
Radiologist
Urologist

Types of Treatments

surgery,
emergency treatment,
cosmetic surgery,
obstetrics,
paediatrics,
gynaecology,
orthopaedics,
misdiagnosis,
delayed diagnosis,
drug treatment.

Contact


Location We are close to the Adelaide CBD, with easy parking, at 9 King William Road, Unley.
 
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Lindbloms Lawyers has been providing legal advice and representing Adelaide clients and businesses for more than 30 years. Request your free consultation now. Call (08) 8357 7611 or complete the following. We will respond as quickly as possible