Have you ever been a victim of medical negligence?
To be more explicit just
try to recall, whether you or one of your family members have ever suffered an
injury while being treated by a doctor.
Did your doctor ever fail to diagnose a disease?
Did you ever have prescription medications that caused adverse side
effects?
Such situations arise due to medical negligence.
When a healthcare professional, a doctor, or a nurse act in a way that is not in
compliance with standard medical practices and causes injury or death of a
patient, it is referred to as medical negligence. When such incidents happen
with you or your loved ones, it can be a highly scary and painful experience.
Many a time, people do not recognize that they have been victimized which makes
them suffer for long periods of time or sometimes for the rest of their life.
However, there are Medical Negligence Lawyers for such victims and their
families who help such patients to seek medical negligence compensation.
Although compensation cannot reduce their pain it can surely make life easier.
Medical negligence stats:
Though the last century has witnessed astonishing advances in the field of
medicine, the number of medical negligence cases in Australia is quite high. In
fact among the developed countries, Australia has the highest number of medical
negligence cases and many of such incidences justify legal actions.
According to the Australian Healthcare study, about 18,000 people die every year
due to preventable medical negligence, 50000 people suffer permanent injury, and
80000 get hospitalized due to clinical errors.
Getting help:
Even if you are aware that you can file a lawsuit against the healthcare
professional and claim compensation for the loss or damage, do you know how to
go about it? One needs to establish a strong basis and have clear evidence.
Medical negligence law is quite complex in nature and one should seek advice
from Civil Lawyers Perth having years of experience.
They have dealt with a number of medical negligence cases and have successfully
settled claims. The following post is a comprehensive guide about how to lodge a
claim against medical negligence and get justice.
Consulting medical negligence lawyer:
Medical negligence is a difficult
area and you will require the assistance of a medical negligence lawyer. The
first step would be to consult a lawyer who will get your statement and assess
the case on a preliminary level. If an act of medical malpractice is found on
the preliminary assessment, the lawyer performs a detailed investigation after
taking into account the medical reports and records from the treating healthcare
professionals. You need to submit papers that show the expenditure and losses
you have incurred due to the act of negligence by the doctor. After that, an
independent medical practitioner’s opinion is sought and the claim is lodged.
Prove doctor-patient relationship:
To establish a malpractice claim, the
doctor-patient relationship should be proven. This helps to trace back the
damages and the fact that you were being treated by a healthcare professional at
that time. You must describe the particular incident or action that caused the
harm and the way it failed to meet standard medical practice. Finally, evidence
should be provided to prove the connection between pre-existing medical
relationship and the harm caused as a result.
Recording important details:
To build a case, you need to document all
the important details. The details that should be recorded include details of
visit such as date, time, names of doctors, names of nurses, dosages, and any
specific advice you have received. The notes should be descriptive and if
possible go on documenting as things happen. Even if you do not take any legal
action, documenting will help you to remember the details better.
Ask your doctor: When something wrong happens, as a patient you have
every right to know what has happened to you? Why did such things happen? How
this will be fixed? You should not feel afraid and demand answers from the
medical team. Always remember that it is the duty of the medical team to provide
you with quality care which also includes updating you about your health
condition and the treatment plans.
Get a copy of medical records:
If you think you have been a victim of medical
negligence because of doctor’s inattentiveness, one of the most important things
you should do is getting a copy of your medical records. The medical records are
invaluable documents required for building a case. This can be referred to as
your medical history and will also be useful if you decide to change your health
care provider. The medical records you request from the health care provider
should also include x-rays and test reports in case further actions are
required.
Take action in time: Time limit is an important factor to consider in
medical negligence cases. Once you make up your mind you should seek legal
advice at the earliest, otherwise, it may be barred by time limits as specified
by law and the claim cannot be taken to the court. One must consult Australian
Civil laws as soon as possible to avoid losing compensation for the injustice
you suffered. The applicable time limits vary depending on the state and the
legal professional can provide information in this regard.
How medical negligence lawyers can help?
The most difficult part of a medical negligence claim is to prove that the
doctor or nurse was negligent while performing his or her duties and that the
damage has been caused due to this negligence and not any other reason. If
someone has been injured or harmed due to medical negligence and want to make a
compensation claim, Civil Lawyers Perth can help. They represent the injured
patients and their families and help with the process with its team of highly
skilled medical negligence lawyers. They maximize your medical negligence
compensation.
If you believe that medical negligence has severely affected you, don’t wait for
another moment and contact a medical negligence lawyer as soon as possible.
End-Notes:
1.
Medical Negligence Lawyers
2.
Civil
Lawyers Perth
3.
Lawyers in Perth
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