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Home » Compensation Law » Medical Negligence Claims


Medical Negligence Claims

Has a health care professional
or organisation failed to meet their duty of care?
Find out the best course of action.

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Winning Difficult Cases & Providing Valuable Advice Since 1905


Some medical negligence scenarios include:


  • Birthing injury
  • Anaesthesia errors
  • Cardiac injury
  • Medical misdiagnosis
  • Brain injuries
  • Delay in diagnosis
  • Surgical errors

  • What are some medical negligence scenarios in 2020?
  • How do lawyers assist with medical malpractice cases?
  • What offer does Taylor & Scott make in respect to the legal costs of bringing a claim?

What are some medical negligence scenarios in 2020?

Medical negligence can take many forms. If you are uncertain where you stand, a comprehensive Taylor & Scott consultation and overview, including a realistic appraisal of your claim’s chances of success, is the best way forward. Medical negligence can include, but is not limited to, the following:

  • Failure to recommend antenatal testing
  • Failure to correctly report on test results
  • Failure or delay in diagnosis
  • Failure to monitor a condition
  • Failure or delay in providing appropriate treatment or referral
  • Failure to perform surgery with reasonable care and skill
  • Failure to provide post-operative care with reasonable care and skill.

It’s also considered medical negligence to discharge a patient from the hospital too soon. Other scenarios include discharging patients who present a danger to themselves and the community, failing to properly assist persons with obvious breathing difficulties, birthing injury, anaesthesia errors, cardiac injury, medical misdiagnosis, brain injuries and many more situations where appropriate patient care is the foremost consideration.

Injured Construction Worker claims a Million Dollar Settlement

How do lawyers assist with medical malpractice cases?

Taylor & Scott’s team of medical negligence lawyers is headed by Simon Meigan and David Hartstein, who are recognised by the Law Society of NSW as experts in personal injury litigation. Simon, David and their team have extensive experience in this complex area of law and are mindful of the legal difficulties arising from pursuing negligence claims against medical practitioners and allied healthcare providers.

Our team of medical negligence lawyers travel throughout NSW, frequently visiting Lismore, Port Macquarie, Tamworth, Coffs Harbour, Albury, Wagga Wagga, the Hunter Valley, Armidale, Newcastle, Gosford and all areas of Sydney.

We take the utmost care in our efforts to ensure the strongest possible evidence is obtained on your behalf. We employ experts from interstate and abroad so our clients have the greatest likelihood of obtaining a fair result, for example, in a recent case where an expert opinion from a specialist in the United Kingdom was provided when Australian experts were reluctant to assist. The specialist opinion obtained caused the defendant doctor and insurer to capitulate, resulting in a successful compensation claim for major injuries sustained by our client.

What offer does Taylor & Scott make in respect to the legal costs of bringing a claim?

We understand the trauma experienced when health care falls below standard, potentially resulting in further injury or sickness. We also realise that the financial strain associated with making a claim for damages can add to this trauma or even prevent you from making a claim in the first place. We ease the strain by offering a no–win/no–fee option in selected cases.

Time limits are a crucial factor in lodging a medical negligence claim and it’s important you get legal advice as soon as you know or suspect that medical negligence has taken place. Claims for negligence need to be brought within 3 years of the date of injury. Even if you are “out of time” please discuss your claim with our team. It may not be too late to sue.

Each state and territory in Australia has its own laws governing the right of an injured party to make a claim for medical negligence. If you think that you or someone you care about has suffered medical negligence, call one of our expert lawyers to discuss your situation and legal options, or for more information specific to your state or territory.

Click here to see the steps we take when assessing a Medical Negligence claim.

 

  • What are some medical negligence scenarios in 2020?

    Medical negligence can take many forms. If you are uncertain where you stand, a comprehensive Taylor & Scott consultation and overview, including a realistic appraisal of your claim’s chances of success, is the best way forward. Medical negligence can include, but is not limited to, the following:

    • Failure to recommend antenatal testing
    • Failure to correctly report on test results
    • Failure or delay in diagnosis
    • Failure to monitor a condition
    • Failure or delay in providing appropriate treatment or referral
    • Failure to perform surgery with reasonable care and skill
    • Failure to provide post-operative care with reasonable care and skill.

    It’s also considered medical negligence to discharge a patient from the hospital too soon. Other scenarios include discharging patients who present a danger to themselves and the community, failing to properly assist persons with obvious breathing difficulties, birthing injury, anaesthesia errors, cardiac injury, medical misdiagnosis, brain injuries and many more situations where appropriate patient care is the foremost consideration.

    Injured Construction Worker claims a Million Dollar Settlement

  • How do lawyers assist with medical malpractice cases?

    Taylor & Scott’s team of medical negligence lawyers is headed by Simon Meigan and David Hartstein, who are recognised by the Law Society of NSW as experts in personal injury litigation. Simon, David and their team have extensive experience in this complex area of law and are mindful of the legal difficulties arising from pursuing negligence claims against medical practitioners and allied healthcare providers.

    Our team of medical negligence lawyers travel throughout NSW, frequently visiting Lismore, Port Macquarie, Tamworth, Coffs Harbour, Albury, Wagga Wagga, the Hunter Valley, Armidale, Newcastle, Gosford and all areas of Sydney.

    We take the utmost care in our efforts to ensure the strongest possible evidence is obtained on your behalf. We employ experts from interstate and abroad so our clients have the greatest likelihood of obtaining a fair result, for example, in a recent case where an expert opinion from a specialist in the United Kingdom was provided when Australian experts were reluctant to assist. The specialist opinion obtained caused the defendant doctor and insurer to capitulate, resulting in a successful compensation claim for major injuries sustained by our client.

  • What offer does Taylor & Scott make in respect to the legal costs of bringing a claim?

    We understand the trauma experienced when health care falls below standard, potentially resulting in further injury or sickness. We also realise that the financial strain associated with making a claim for damages can add to this trauma or even prevent you from making a claim in the first place. We ease the strain by offering a no–win/no–fee option in selected cases.

    Time limits are a crucial factor in lodging a medical negligence claim and it’s important you get legal advice as soon as you know or suspect that medical negligence has taken place. Claims for negligence need to be brought within 3 years of the date of injury. Even if you are “out of time” please discuss your claim with our team. It may not be too late to sue.

    Each state and territory in Australia has its own laws governing the right of an injured party to make a claim for medical negligence. If you think that you or someone you care about has suffered medical negligence, call one of our expert lawyers to discuss your situation and legal options, or for more information specific to your state or territory.

    Click here to see the steps we take when assessing a Medical Negligence claim.

     

Frequently Asked Questions



  • Medical Negligence Claims: What Are The Steps Taken?

    Negligence claims are an accepted fact where standards of care and safety fall below acceptable levels. Taylor & Scott Lawyers are there to support claimants when needed, providing extensive compensation law guidance to secure successful claim outcomes. Medical negligence is a complex compensation field requiring the investigative abilities of industry experts – that’s where Taylor & Scott’s medical negligence legal team can assist.

    Q. What is the first step taken in assessing a medical negligence claim?

    A. At Taylor & Scott, we investigate extremely carefully before advising a client to bring a medical negligence claim. The first step is a little different in each case, but there are basic steps that apply in most cases.

    Lawyers require information, and medical expert lawyers at Taylor & Scott advise clients to “please fill an exercise book with as much information as you can”. Even seemingly irrelevant, embarrassing or trivial information can help to provide a complete picture. Ideally, this statement should be completed once you realise medical outcomes have not met expectations or standards. Information will answer important questions, including:

    • Were you given any warnings related to the medical procedure?
    • Did you sign any papers related to the medical procedure?
    • Were you given any promises in writing or verbally?

    Additionally, a solid medical negligence claim is backed by accounts and statements provided by doctors, hospitals, chemists, therapists and anyone else involved in the medical procedure. It’s worthwhile making several copies of all documents; one set for Taylor & Scott compensation lawyers, and one set for yourself.

    Q. What medical malpractice information can help a claim?

    A. In cases of obviously botched medical procedures, claims can be relatively straight forward, but medical malpractice is often more subtle or deceptive, and a comprehensive negligence claim statement contains extensive details. Questions worth asking include:

    • When did you first realise your medical condition or operative results were flawed?
    • Did you discuss concerns with the person performing the procedure?
    • Did you complain when you realised things weren’t as they should be?
    • What did the treater say in response to your concerns/comments?
    • Did you get another medical opinion? What did they say?
    • What was your life like before the medical intervention?

    Medical Negligence NSW

    Q. Is medical evidence the only evidence used in a negligence claim?

    A. All evidence can be useful, whether related directly to the medical procedure or external information providing the big picture. A lot of factors are taken into consideration, including the impact of the medical intervention on family, work and social dealings, along with ongoing quality of life. An obvious impact is monetary, and keeping all receipts and records of expenditure, including costs involved in trying to correct the medical problem, will help claimants attain best results. Taylor & Scott medical negligence lawyers assist in compiling a persuasive document, even offering a free case assessment prior to lodging the claim.

    Q. What further steps does Taylor & Scott’s medical negligence legal team take?

    A. Once we have gone through your statement with you, we will give you a broad overview of medical negligence law. If we believe your case has merit and is without legal impediments, we will investigate your case further and take the appropriate steps. This is all part of Taylor & Scott’s free case assessment process. Taylor & Scott lawyers contact doctors and hospitals on the client’s behalf to gather records for review and accurate collation.

    Once it has been ascertained that the medical negligence claim has merit, a highly skilled barrister will be briefed regarding the claim. When the barrister has reviewed the documents and evidence he/she will arrange a conference to meet with the legal team and client. In addition to ongoing communication with relevant parties, Taylor & Scott Lawyers employ the services of independent specialists to provide expert opinion according to the evidence provided.

    Q. At what point is a medical negligence claim official?

    A. All the evidence is reviewed one final time by the barrister, Taylor & Scott, and you. Once the conference is complete, the barrister provides a written opinion on the merits of the case. If Taylor & Scott medical negligence lawyers and the barrister all agree it’s a viable claim, formal proceedings can commence. Taylor & Scott medical negligence lawyers take their job seriously, and suing a doctor/hospital or other health care professional requires an allegation that is backed by solid evidence and sound guidance. Our ‘no-win/no-pay’ guarantee protects claimants while also providing the encouragement to move forward with confidence.

    At Taylor & Scott, “We Care For You”.







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*Personal Injury, Compensation and Motor Vehicle Accident matters, you get our no win / no fee guarantee and a free 40 min initial consultation. Conditions apply.
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