Of course, one would hope it would never happen, but if you did happen to suffer an injury due to negligence on the part of a medical provider, there are legal steps you can take to claim compensation. It might be a wrong diagnosis by a doctor, or perhaps you were prescribed a medication that resulted in serious side effects that caused you to suffer. Making this kind of compensation claim involves many criteria, and there are several things you can claim for, such as loss of wages, pain and suffering, and of course, any medical expense, both past and present, that are incurred due to the negligence of the medical provider.
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If you ever require the services of a specialist lawyer for a medical related claim, medical malpractice lawyers in Queensland can help you through the whole process. Once you have made contact, the lawyer would request all the information you have regarding your claim, and he or she would then evaluate your chances of success. In the event you have a strong case, the lawyer would happily represent you on a no win-no fee basis, which means there is nothing to pay until you receive your compensation.
Making a Claim
Once the lawyer has agreed to represent you, they will begin to compile as much solid evidence as is available, and that might include the following:
- Medical reports
- Witness statements
- Prescriptions
- X-Rays
The person making the claim would have to give a detailed written account of their situation, including any details of telephone or face to face conversations that might have taken place between you and the medical provider. Bearing this in mind, if ever you should find yourself in this situation, record everything and make notes, as this might help your lawyer build a stronger case.
Settling Out of Court
If the medical provider feels that you have a strong case, which would likely result in the court awarding you compensation, they very often prefer an out of court settlement, as this avoids the huge legal bills that are part of the territory. If there are negotiations, your lawyer would use all of their skills and experience to obtain the highest possible figure for their client, and in many cases, the amount is similar to what a judge would award.
Court Proceedings
If both parties are determined that they have a strong case, the lawyer would proceed with court hearings. This can be a long, drawn out process, and this is where your lawyer’s skills come to the surface. You might be claiming for loss of earnings, or medical expenses, both past and future, and then there is the pain and suffering, which the court can award if it deems it suitable.
Medical negligence happens more often than most people would know, and while no medical provider would intentionally put a patient at risk, mistakes are a part of the human condition. Talk to a specialist lawyer if you feel you have suffered as a result of negligence on the part of your medical provider.
