Geelong Hospital Medical Negligence Compensation Claim Solicitors
More people are becoming aware of their legal rights in terms of medical care which leaves medical facilities no escape for their mistakes. Errors are always bound to happen even in the best run hospital. If you are one of the people who have been injured by poor care in Geelong Hospital then you need to consider a medical negligence compensation claim.
Have you been injured physically or emotionally because of a medical error? Need legal advice? Our Geelong medical negligence solicitors are experts in handling compensation claims for personal injuries arising out of poor medical and hospital treatment. They can help you find out the truth about what happened to you and to make sure that you are adequately compensated for any financial loss, physical injury, pain and suffering.
Specialist medical negligence advice is available to residents of Geelong, Victoria, and surrounding areas. If you would like to speak with a Geelong medical negligence solicitor about making a claim for compensation, then fill-out our Contact Form, email our offices or call our free Legal Helpline.
No Win No Fee Lawyers
Even though by far the majority of people are satisfied with the care they get from Geelong Hospital healthcare professionals, there are instances when things go wrong. If you have suffered personal injury due to inadequate health care our medical negligence solicitors can help you to claim compensation - we operate the no win no fee scheme. We have experienced solicitors who can discuss important issues relative to your Geelong Hospital medical negligence compensation claim. You can contact our office anytime of the day using our contact form or email. If you want to speak to a solicitor there and then just use the helpline. Our qualified lawyers will give you advice concerning liability, claim value and any other issues that may cause you concern. You can choose to talk to a same sex solicitor – just let us know. Should you not wish to avail of our services after talking to us, you will not be charged for the advice that we gave you concerning a potential compensation claim against Geelong Hospital.
Negligence Law
In the absence of agreement between the parties the matter of negligence is determined by comparing the conduct of the treating healthcare professionals at Geelong Hospital with other reasonably competent healthcare professionals The fact that one treatment fails whilst another may have succeeded does not usually imply negligence provided that the failed treatment was logical and was supported by a substantial body of medical opinion.
Medical negligence law is complex. Our Geelong medical negligence lawyers have an excellent understanding of the medical issues that typically arise in these claims, and a thorough working knowledge of the common law and the Wrongs Act 1958. To get a good outcome in your case, you really need to ensure that your case is properly investigated from the outset, and that your lawyer isn’t just any general personal injury lawyer, but someone who deals with medical negligence claims on behalf of patients on a daily basis.
If you retain a Geelong medical negligence solicitor to investigate your case, they will need to obtain copies of any relevant medical records and hospital records. It is also necessary to obtain an expert witness report from a doctor in the same field of specialty as the defendant doctor in your case. The role of the independent expert medical witness is to comment on issues that relate to the standard of care, liability of the health care practitioner and causation of any damage.
The solicitor will then advise you as to whether there is enough legal evidence available to support taking legal action and your chances of succeeding in the claim. Most cases settle-out-of-court through negotiation, conferences, and mediation. There is a small chance that the matter may be contested and end up going to trial. Your solicitor will advise you every step of the way, whether to accept a settlement, abandon the case, or proceed to a hearing. These decisions can be difficult to make, and that is all the more reason why you should only use the services of an expert Geelong medical negligence solicitor who will honestly advise you of all the risks involved at every step of the way.
Compensation Claims
A common question asked by claimants is “how much is my claim worth?” It is almost impossible to answer this without knowing the full facts of your individual case. Your solicitor will assess all evidence relating to your economic loss as well as medical evidence regarding the extent of your injury and the impact it has had on your life, in determining a range of damages compensation that you are likely to be awarded. They will take into account figures relating to loss of wages (past and future losses); loss of earning capacity; any out-of-pocket expenses (relating to medical treatment, hospital treatment, medications etc); and the cost of domestic assistance and attendant care. You may also be entitled to claim general damages for pain and suffering. Some of the more serious categories are outlined below :-
Birth Injuries
Brain damage to the newborn caused by medical negligence is rare but the consequences can be devastating. If your child has suffered injuries such as cerebral palsy, brain damage, or erbs palsy due to obstetric negligence and/or midwife negligence, you may be facing a lifetime of medical bills and extra care. This is where compensation can prove to be beneficial in ensuring some quality of life.
Birthing complications can be caused by a failure to properly monitor for fetal distress; failure to respond to or recognise unusual bleeding; and an umbilical cord entrapment or compression left untreated. A long labour can cause brain injuries if not managed correctly. Our solicitors have handled cases where the child’s brain damage could have been prevented if early action had been taken for example, through performing an emergency caesarean section. Our solicitors also have experience in handling claims involving injuries caused by misuse of forceps and vacuum extractors and misuse of labour drugs such as syntocinon.
The duty of care of the doctor extends to both mother and child even after delivery. Doctors need to watch out for complications that may follow after birth. Any signs of haemorrhage or infection need to be treated promptly. Jaundice left untreated in the newborn can result in a tragic condition known as kernicterus. Kernicterus can cause brain damage (resulting in hearing problems and muscle spasms) or death. Such serious injuries can be prevented if the newborn’s jaundice is diagnosed and treated promptly with photo light therapy.
Heart Attacks
Our medical negligence solicitors have handled cases where medical providers have failed to use the proper diagnostic tests or have misread or ignored test results, leading to the patient suffering a heart attack.
Medical mistakes are also commonly made by emergency department doctors who fail to appreciate the significance of the patient’s symptoms, resulting in delayed treatment of a heart attack.
If you believe that your heart attack was misdiagnosed or inadequately treated, then contact us for free legal advice.
Cancer Misdiagnosis
If your cancer is harder to treat because your doctor failed to diagnose it early enough, you may have a claim for damages. Prompt diagnosis and treatment of cancers of the breast, cervix, ovary, colon, bowel, prostate, brain, is necessary to ensure a good prognosis.
Negligence in these cases is usually the result of signs and symptoms being overlooked by the doctor; relevant tests not being ordered; radiologists failing to report on abnormalities; incorrect interpretation of test results; delay in referring to a specialist; delay in commencing treatment.
Hospital Errors
Opportunities for injury as a result of hospital negligence are unfortunately plentiful. Hospital patients may be harmed as a result of negligence on the part of doctors, nurses, in-hospital allied health care providers such as pharmacists, occupational therapists and physiotherapists.
Some of the most common types of emergency room errors are: failure to fully evaluate or treat a patient’s condition; misdiagnosis; failure to order correct tests; faulty lab tests; prescribing incorrect medication or incorrect dosage.
Medical negligence is just as likely to occur in a private hospital as it is in a public hospital. Our lawyers have dealt with claims involving negligence in both sectors. If you have been injured as a result of the actions of a health care professional (doctor, nurse, midwife, physiotherapist, chiropractor, pharmacist, psychologist, psychiatrist, surgeon) you should seek legal advice from an experienced medical negligence lawyer.
Limitation & Time Limits
There are time limits in personal injury compensation claims known as the limitation period. A Geelong Hospital medical negligence compensation claim must be either settled or legal proceedings must have been issued in a court of law before the expiry of the limitation period failing which the opportunity to claim compensation may have been lost forever. This rule has an exception for those who are mentally disabled and those who are minors under the age of 18 years. The limitation period is an important matter and legal advice should be sought from a solicitor as soon as possible after the negligent conduct which is the subject of a potential Geelong Hospital medical negligence compensation claim.