The health care profession is prone to the same human errors of judgment as any other occupation. Mistakes in medicine happen, and when they do, the consequences can be particularly serious and distressing for a patient and their family.
In medical negligence cases, specialist lawyers with an in-depth knowledge and an understanding of not only the law but medical matters is essential.
Injury victims are rarely in a position to pay legal costs and the expenses required to gather expert evidence to prove a claim. At Kingsley Lawson Lawyers, we can review your case and commonly offer to act on a No Win, No Fee basis.
No win, No fee costs agreements mean there are no upfront fees payable by our clients. The total amount of legal costs in each matter will depend on the work required to resolve your case, but we can review your situation and give an estimate that will generally be accurate unless something unforeseen occurs. It is important to bear in mind that if your claim is successful then the Defendant to your claim will pay a significant proportion, but not all, of your overall legal costs.
Medical negligence cases are often more expensive to conduct as additional medical reports are required to prove liability. It can be very difficult to prove your case if you do not have an experienced lawyer to find the right doctor to provide a report supporting your case. These reports are also usually very expensive. However, in many cases, some or even most of the legal costs can be recovered from the Defendant at conclusion of the matter.
Medical negligence – also known as medical malpractice – applies to conduct by a health care professional or facility that falls below accepted professional standards of practice.
When a patient suffers injury or loss – preventable had the requisite standard been applied – the injured person will be entitled to recover compensation.
Establishing a medical negligence case can be a complex endeavour. It is essential you engage appropriate help. Our specialist medical negligence lawyers can assist you when it comes to pursuing a medical claim. In most cases, the professional indemnity insurance policy of the medical professional who caused injury will pay compensation. At Kingsley Lawson Lawyers, our team of medical negligence lawyers are specialists in what is a very complex are of law.
To prove medical negligence, the following elements must be established:
A duty of care arises when there is an obligation to care for a person in circumstances where injury could occur as a result of a person’s conduct. The doctor/patient relationship is a recognised category in which a duty of care exists. In some cases, a hospital will be liable if its staff injure a patient, even if the hospital itself was not negligent.
If the medical provider failed to do what a reasonable person practicing in the same field would have done, this establishes a breach of duty of care. It may be challenging to prove negligence if a doctor has complied with a generally-accepted standard within a particular area of expertise – or with the standard of a reasonable person practising in the same specialty. The alleged negligent conduct is assessed at the time of the incident with reference to peer accepted standards. Expert medical evidence guides the court in determining this question of law.
The harm caused must be directly connected to the medical provider’s negligence and not too remote. This connection is sometimes complicated because the patient has a pre-existing health problem. The starting point is: But for the negligence, would the injury or harm have been suffered? In some cases, answering this question will require an assessment of the patient’s likely prospects for recovery or the probable outcome after treatment, had the negligence not occurred.
Our medical negligence lawyers can help with cases of misdiagnosis. Many cases involve a failure to diagnose, a failure to properly diagnose, or often cases involve a failure to adequately treat a medical condition. All such cases can give rise to potential medical negligence claims.
It is also possible to claim for some incidents which occur during surgery and emergency treatment. Medical negligence cases can arise in every medical field, such as obstetrics, gynaecology and paediatrics. Additionally, cosmetic surgery can result in problems for patients.
‘Failure to warn’ cases occur when a patient suffers injury in circumstances where the treatment provider failed to warn of the particular risks involved in types of treatment. At all times patients must receive full disclosure of any risks associated with a procedure/treatment before undergoing that procedure and/or treatment. The patient may be entitled to claim compensation for medical negligence if it can be proven that he or she would not have consented to the procedure, had the risks been adequately explained.
Time limits apply when making a medical negligence claim. At Kingsley Lawson Lawyers, our success in medical malpractice cases is based on attention to detail. We will look to build as strong a case as possible to help obtain maximum compensation for your injury. Time limits also differ from state to state, so we recommend you contact us without delay.
If your case relates to a doctor or medical professional, a specialist medical negligence lawyer will be a critical factor in the success of your case.