The health care profession is prone to the same human errors of judgement as occur in any other field. Mistakes in medicine happen, and when they do, the consequences can be particularly serious and distressing for a patient.
In cases of medical negligence, specialist medical lawyers have the expertise to assess claims where in-depth regulatory knowledge and an understanding of medical matters is required.
Injury victims are rarely in a position to pay legal costs and the expenses required to gather expert evidence and prove a claim. At Kingsley Lawson Lawyers, we can review your case and commonly offer to act on a No Win, No Fee basis. If we can do that, there are no fees to pay so long as you attend to things we need so we can progress your claim until your claim is successful. The costs total will depend on the work required to resolve your case, but we can review your situation and give an estimate that will generally be very accurate unless something unforeseen occurs.
Medical negligence cases are often more expensive to conduct as additional medical reports are required to prove liability. It can be very difficult if you do not have a lawyer to find another doctor willing to do this. 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.
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:
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 was not negligent.
If the medical provider failed to do what a reasonable person practising in the same field would have done, that is called a breach of duty. 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 by the medical authority available. Expert medical evidence guides the court. Behaviour that is irrational, no matter how readily accepted, is also not tolerated by the court.
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 concern. 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. It’s also possible to claim for some incidents which occur during surgery and emergency treatment.
Duty of care failures can happen in every medical field, such as obstetrics, gynaecology and paediatrics. Additionally, cosmetic surgery can result in problems for patients.
At Kingsley Lawson Lawyers, we have a team of specialist dental negligence solicitors. Compensation claims for dental injuries can be equally intricate and require the same level of expertise as other medical cases.
‘Failure to warn’ cases occur when a patient suffers injury in circumstances where the treatment provider failed to warn of the particular risks involved adequately. It is required at all times that patients receive full disclosure of any associated risks before undergoing 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 loss. 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 pursuit of a fair outcome