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What Are The Different Types of Negligence Claims?

Compensation law is incredibly specific; as expected when dealing with potentially large monetary loss or gain. Negligence claims are among the most common compensation scenarios affecting Australians, so it’s worth being prepared for the unexpected. Every negligence claim type contains variations that require addressing, including communication with affected parties and collection of paperwork, documentation and evidence. The undertaking can become confusing and overwhelming, necessitating the expert intervention of Taylor & Scott Lawyers.

Q. What negligence claims types are there?

A. Work Injury

A worker can recover damages from his or her employer for personal injury resulting in permanent impairment of at least 15%. If the worker meets the threshold, compensation from the employer includes damages for past economic loss and for future economic loss related to impairment of earning capacity. Compensation can cover loss of wages along with loss of superannuation benefits. Damages for economic loss can be awarded only for loss up until pension age.

Unlike other common law claims for personal injury, a worker is not entitled to recover damages from his or her employer for pain and suffering or any cover for medical treatment, expenses, or domestic nursing care.

Professional Negligence

B. Injured in a Motor Vehicle Accident or Other Transport Injury

These claims are governed by the Motor Accidents Injuries Act. You only have 3 months to lodge a claim form with the insurer. The scheme provides for statutory benefits of weekly payments and medical expenses for at least 6 months. If you want to receive backpay of weekly payments you need to lodge the claim form within 28 days of the accident. In terms of a damages claim, you need to be assessed as a “non-minor” injury to assess a damages claim. The damages available for such a claim are economic loss and pain and suffering, if you are more than 10% whole person impairment.

C. Medical negligence claims

Pursuing negligence claims against medical practitioners and allied health care providers is a business best left in the hands of Taylor & Scott Lawyers. For more than a century, Taylor & Scott have been assisting the people of Sydney and regional NSW attain desired compensation outcomes, including medical negligence claims against both reputable physicians and charlatan imposters. Strict time limits apply, and medical negligence claims need to be lodged within three years of injury or malpractice occurrence. Medical negligence claims occur when treating doctor procedural standards or operational outcomes don’t satisfy industry standards or patient expectations. Responsibility for the welfare of the patient extends to post-operative guidelines for safe recovery.

D. Injuries suffered in other circumstances

Any other claim for damages will probably be governed by the Civil Liability Act. You will not be entitled to any damages for non-economic loss (pain and suffering) unless the level of loss is assessed at 15% of a most extreme case. If you are assessed at 15% of a most extreme case (or higher) you will be entitled to damages on a set scale. Damages for other losses are payable in addition but are subject to the provisions of the Civil Liability Act.

Along with improvements to public health and safety comes enjoyment of our public spaces. However, accidents can happen to anyone and at any time, and understanding the various avenues for claiming compensation due to negligence provides a degree of security for yourself and your family. Negligence laws were created to ensure all Australians can enjoy a reasonable standard of living at all times. When safety is sacrificed and an injury occurs due to someone else’s negligence, it’s time to call Taylor & Scott Lawyers for a free case assessment.

What qualifies as medical negligence?

There are always risks involved when performing surgery or other medical procedures. The treating doctor or health professional is obliged to inform the patient of any associated dangers or potential for complications. When making a medical negligence claim, your legal representative will examine the extent of duty of care offered to the patient when advising about the procedure and while performing the operation.

Examples of medical negligence include:

  • Failure to diagnose an ailment, illness or injury;
  • Misdiagnosis of an ailment, illness or injury;
  • Unnecessary surgical intervention;
  • Surgical errors;
  • Improper medication or dosage;
  • Disregarding patient history;
  • Failure to recognise symptoms;
  • Failure to perform appropriate testing;
  • Premature discharge from hospital;
  • Poor aftercare follow-up.

How do you prove medical negligence?

In order to prove medical negligence you will need to establish the connection between the act of negligence and damage suffered by the patient. A doctor or other treating professional can be found negligent if they act in a way contrary to accepted practices, resulting in medical complications or serious injuries. Investigation with Taylor & Scott legal services is thorough, taking up-to-date legal and medical information into consideration for best possible claim outcomes. Your claim may prove negligence in various ways.

A breach of duty of care: Professional standards are recognised by medical bodies, including the right to medical treatment from qualified health care professionals who deliver a high level of service. If the standard of care has not been met, resulting in physical or psychological injury, a case for medical negligence may be established.

The injury was caused by negligence: You will need to prove that the injuries suffered are due to negligence or a breach of duty of care. As the patient, you are obliged to prove that the injury sustained wouldn’t have occurred in the absence of negligence.

The injury symptoms caused by medical negligenceMedical negligence and malpractice claims can be drawn-out and complex. They can be disputed by powerful medical establishments and insurers, and potentially involve depositions from medical experts and other professionals. If expected compensation is small, it may not be financially viable to undertake a claim. However, if we believe your serious injuries were caused by medical negligence, Taylor & Scott will support your claim fully from start to finish.

What is the difference between negligence and malpractice?

Medical negligence claims cases involve the practitioner making a ‘mistake’ without intent, resulting in harm to the patient. Medical malpractice, on the other hand, is a breach of duty of care by a medical practitioner or medical facility. Duty of care is based on what a person in the same position, with the same qualifications and knowledge, would have done in a similar situation.

If you or a loved one are suffering physical injury, psychological injury or ongoing pain and suffering due to medical negligence, you may be entitled to compensation. If you have suffered a loss and are undergoing financial hardship, take advantage of a complementary Taylor & Scott case assessment and our ‘no-win, no-fee’ payment schedule to get your claim started.

At Taylor & Scott, We Care For You.