We all depend on adequate medical practice and care, and while most of the people that are a part of medical staff do their job properly there are still cases where a patient is neglected and that can become a huge problem. Believe it or not, Australia is among the leaders when it comes to medical negligence, and that is why a lot of law firms and agencies have been opening departments to support law cases and consult patients in this area. Medical negligence can be conducted by a doctor, technician, dentist or any member of the medical staff and if you want to succeed in your claim a good lawyer is a must.
As Australia has a high rate of medical negligence cases you are well to find a good law firm that will be able to represent your interests. In most of the cases, you go over the details by a phone call and then decide if you want to be represented by the particular law team or not.
Let’s go ahead and take a look at what is the definition of medical negligence and when you should call in a lawyer!
What Is Medical Negligence In The First Place
While medical negligence isn’t universally defined and it depends on law principles in a certain country we can still give an explanation to it. Medical negligence usually includes a treatment or acts conducted by a doctor, dentist, technician that aren’t usually seen as rational or conventional and that can or have caused additional injury to the patient. Medical negligence includes leaving the patient untreated as well.
Some of the universal negligent acts area failure or delay in diagnosis; medication and prescription errors; delayed care; inadequate or no treatment; negligent surgery; lost records; wrong or inadequate equipment; as well as refusing to give advice or post-operative care. The worst case certainly is wrongful death and if caused by a negligent act the medical negligence lawyers Australia is there to represent you in claiming for damage (psychological distress, loss of income, quality of life, etc.).
What About The Time Limits For Your Medical Negligence Case
In case you have been a victim of medical negligence the first thing you should do is consult with medical negligence lawyers Australia. Now, the basic time for filing in a suit when it comes to personal injury is either 3 years since the negligent act has occurred or 3 years since you have found out about it. On the other hand, this isn’t a strict rules and there are two exceptions to it – if the patient is either mentally disabled or hasn’t reached 18 years of age. In this cases the court waits until the barrier is removed (the patient turns 18 or until the patient has returned the mental capacity) and then the 3 years time limit starts counting. Last but not least, the court does have an option to prolong the time limit but that is not something that we see often in Australian law cases.
How Is Medical Negligence Act Regulated
In Australia, there are two main legislation principles – either each territory regulates certain matter for itself, or if that is not the case then the court applies what is known as the common law (precedents of previous court decisions). In the case of negligence, if the territory doesn’t have specific legislation that would deem the doctor as guilty (unless he acted in a manner that most of the doctors would), then the court uses common law to judge over (using absolute standards).
How Can You Be Compensated
When it comes to claiming for certain damage there are two groups that you need to know about – special damages and general damages. Special damages include loss of income, wages, medical and other significant expenses, traveling expenses, home care expenses, as well the cost of paid hospital care. On the other hand, general expenses include pain and suffering, psychological distress, loss of working physical and mental capacity, as well as loss of lifestyle and disadvantage or disability caused by a negligent act.
As medical negligence cases are a common thing in Australia you shouldn’t worry about succeeding in your claim. Still, it is smart to have a good medical negligence lawyer by your side who will be able to advise you and represent you in the court process!