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:
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.
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.
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.
At Taylor & Scott, We Care For You.
Questions and Answers
If you have been injured at work it is advisable to speak to a qualified workers compensation lawyer as soon as possible to make sure that you are receiving appropriate workers compensation benefits and to maximise potential claim outcomes. You should also inform your employer so they can contact their insurer. If your worker’s compensation claim is disputed, Taylor & Scott can communicate with the insurer and negotiate on your behalf, with the weight of the law on your side.
Workplace injuries can occur in any workplace situation although they are more common in dangerous and physically demanding jobs, although they can occur due to wide-ranging harmful, unplanned or critical situations that arise. Risks and hazards in the workplace include falling from heights, heavy lifting, repetitive strain, unsafe and slippery floors, poorly maintained equipment, falling debris and many more. Employers and business owners are obliged to create a safe and healthy environment for employees and visitors, with any negligence or breach of duty of care potentially causing injuries that can result in workers compensation and work injury damages claims.
If you are injured in a work injury a range of medical expenses may be paid by the worker’s compensation insurer.
Medically related treatments
Any treatment by a doctor, physiotherapist, osteopath, chiropractor, psychologist, an exercise psychologist, remedial massage therapist, counsellor or other allied health practitioners can be covered. You are also eligible to claim for nursing care and medical supplies outside of the hospital, along with the provision of artificial aids. Domestic assistance is available provided you have sustained more than 15% diminished physical capacity as a result of the injury.
This includes treatment received at both public and private hospitals and accredited rehabilitation centres.
These services include emergency services, non-emergency services and hospital transfers overseen by the Ambulance Service of NSW.
Workplace rehabilitation services
A range of assistance is available, including return to work programs, vocational assistance, job or workplace modification and other return-to-work programs.
This includes travel by taxi, bus, train or ferry for attending treatment centres for your injury. You can also claim the cost of petrol for travel to appointments, and if you are unable to travel alone, the insurer is obliged to pay for travel assistance.
If you have been injured at work, the worker’s compensation insurer will be liable to pay all medical and hospital expenses provided they have been preapproved by the insurer (this does not apply to expenses incurred in the first 48 hours after an injury) while ever weekly compensation payments are paid. If no weekly compensation payments are paid the insurer will be liable to pay medical, hospital and related expenses for up to 2 years from the date of injury. If weekly payments of compensation are paid, the insurer will be liable to pay medical, hospital and related expenses for up to 2 years from the date of the first cessation of payments. If you have sustained at least 11% whole person impairment the 2-year time limit becomes a five-year time limit. If you have sustained at least 21% whole person impairment, there is no time limit to claim for medical expenses. Your Taylor & Scott Lawyer will guide you through the claims process.
The insurer has 21 days to determine a claim for medical expenses.
Domestic assistance can include a lot of tasks around the home that you are no longer able to carry out due to pain or injuries. This includes household cleaning, laundry, lawn and garden care, plus transport needs not covered by medical, hospital and rehabilitation expenses.
In order to claim for domestic assistance an injured worker must:
In some situations, temporary assistance may be available for up to three months.
Secondary surgery is surgery that is a direct consequence of an earlier surgery and affects a part of the body affected by the earlier surgery and that is approved within two years from the date the original surgery was approved.
The actual surgery, however, does not need to occur within this two-year time frame; it just needs to be approved.
In order to make a legal claim for medical expenses, you will need to provide receipts related to your claim. These can include receipts related to medical and hospital treatments, ambulance services, rehabilitation services and travel expenses. Your claim number should be attached to all documents. If an employer or insurer disputes your medical expenses claim, Taylor & Scott will examine the documents and support your claim wherever possible for best possible outcomes. For legal advice related to your medical expenses claim, medical negligence, lump sum payments and other important matters, contact us today.
At Taylor & Scott, We Care For You.