Medical Negligence Lawyers
A Medical Negligence Lawyer focuses on helping people who have been harmed while receiving medical treatment due to the careless practices of the doctor or the hospital. Medical negligence is defined as an act or omission by a medical professional that deviates from the accepted medical standard of care. It is a serious issue and the number of cases of medical negligence has been increasing over the years. Studies suggest that every year more than 18,000 people lose their lives and a staggering 50,000 people are subjected to permanent disability due to medical negligence. Some examples of medical negligence are failure to recognize symptoms, failure to diagnose an injury or misdiagnosing and injury, ignoring or misreading lab results, unnecessary surgery, premature discharge, etc.
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Can I sue my doctor for negligence?
Sadly, this is not a polar question. The answer which can be either yes or no depends on several factors. A doctor might not always be at fault during a medical negligence case, so everyone like the hospital, medical equipment manufacturer, pharmacist, ambulance driver has to be considered. Which is why you would require an expert medical negligence lawyer who can provide legal advice, carefully reflect on the facts, research and gather evidence such as medical records, etc. Based on this, you can find out who is responsible and with the help of the medical negligence lawyer, you can build a case for a compensation claim. But a lawsuit against a doctor damages the reputation of the hospital. Therefore, a hospital will hire a team of lawyers to deny your claim or offer the lowest amount possible as compensation. Hence, without a lawyer, it will be very tough to succeed at a medical negligence lawsuit.
As you can see a medical negligence lawyer is essential if you wish to file a lawsuit and become entitled to compensation. If you are in Australia and are looking for a good medical negligence lawyer then look no further than Schreuders. Schreuders is an Australian law firm where you can hire compensation lawyers to help you get the compensation you deserve. At Schreuders we put our clients first, we handle each case personally with professionalism, care and empathy.
You can visit our website to get in touch with our team to take a free assessment. You will be guided by our expert compensation lawyers to complete the assessment. We have a diverse team that is well versed in 10 languages like Arabic, Hindi, Punjabi, Afrikaans etc. If we don’t have anyone in our team who speaks your language then we find someone who does to help you with the initial assessment phase. It is really simple and will take less than a minute. Once done, we would review it to see if a case can be filed on it. If yes, then a medical negligence lawyer would take up the case. We have a policy of no win no fee for lawyers, therefore we don’t charge anything in the beginning.
Sometimes, there can be multiple lawsuits applicable to a situation. We have a wide range of services for this kind of situation. You can hire a TPD lawyer if you are dealing with a permanent disability. If you were in the hospital because of an accident then you can hire a car accident lawyer or personal injury lawyers. If you had been in a work accident then you can hire our workers’ compensation lawyers.
How do I prove medical negligence?
To prove that there had been medical negligence then certain criteria have to be met. The first of it is to prove that a doctor-patient relationship had existed. It means that you hired the doctor and the doctor agreed to treat you. If you had casually taken advice from a doctor informally and this leads to you being harmed then you wouldn’t be able to sue the doctor. Next criterion is to prove that the doctor or hospital was actually negligent. You cannot file a lawsuit because you are not happy with the treatment or results. Generally, the question of whether a doctor is skilful and careful or not is the centre of such cases. So, you should be able to prove through an expert that there was some carelessness on the doctor’s part. To do that you would require testimony from that expert on how a competent individual would have done in a similar situation. If the testimony is strong enough then you are one step closer to claiming your compensation. Once it is established that the doctor was indeed negligent,the next step is to show that it led to an injury else the claim would be denied. Injuries can be either physical pain or mental anguish. If all the criterion is met then you can prove medical negligence. Then with the help of a medical negligence lawyer you can sue the doctor or hospital for your pain, lost earning capacity and medical expenses.
There are certain things that you should make note of. A lawsuit has to be filed within the statute of limitations. It means that you should file a lawsuit within 2 years. If you exceed the time limit then the court will dismiss the case without even considering the facts. Some states also require you to send a notice to the doctor regarding the negligence claim.
A medical negligence claim can get complex and it can get very stressful. While many medical negligence lawyers only look at the fee as their goal. We at Schreuders have only one goal and it is to get you justice. So, become our client now and let us help you get the compensation that you deserve. We operate in all major cities of Australia such as Sydney, Melbourne, Brisbane, Canberra, Perth and Adelaide.
A pain-free process
We aim to make the claim process as simple and stress free as we possibly can for our clients. During your initial consultation we’ll:
- explain duty of carefulness what’s involved in making a medical malpractice claim for compensation;
- give you a projected timeline of your claim process; and
- provide an estimate of the value of medical malpractice claim.
We can then proceed immediately and work with you to achieve the best possible compensation outcome.