MEDICAL NEGLIGENCE LAWYER IN PORT MACQUARIE
Medical negligence claims usually need to be filed within three years of the procedure or of discovering negligence may have occurred, causing injury. The earliest date on which the time could be said to commence would be when you attended the medical or allied health practitioner in consultation.
- Unsatisfactory treatment may lead to injury and/or death, which could/should otherwise have been avoided. If this occurs to you, you may have a right through the legal system for compensation because when a person is treated by a medical or allied health care professional (such as GPs, dentists, specialists, dentist, pharmacist, etc.), they are generally owed a duty of care requiring that treatment be rendered with reasonable skill and care.
- In circumstances where the treatment falls below the accepted standard of care, the duty of care is said to have been breached.
- Where that breach can be shown to have caused or materially contributed to an adverse outcome such as injury or death, then monetary compensation may be available to the victim, and in certain cases where death has been caused, to the dependants of the deceased person.
- This could include
- Surgical errors
- Prescribing defective medical products
- Anaesthesia errors
- Medication errors
- Failure to warn the patient on medication side effect.
- Generally speaking,
- It is necessary to instruct a lawyer well before the limitation period is due to expire to allow time for the necessary expert opinion to be obtained and the court documents to be prepared. Once the allegation is ‘filed’ the time issue is usually fixed and the court then manages the timetable for the litigation.
We can help you with
- An Initial Assessment of your potential medical negligence claim
- Engaging and liaising with medical specialists to assess if there has been breach of duty and subsequent causation
- Pre-trial Negotiating with Insurers for early settlement
- Commencing proceedings if negotiation or mediation fails.
- Expert preparation of your case and representing you at every stage in Court proceedings