Adviceline Lawyers – Medical Negligence Lawyers

Do doctors ever go up against other doctors in a medical negligence claim?

Yes, doctors do give opinions against each other, although many are of course reluctant to do so. It is important to see a personal injury lawyer who has worked on a large number of medical negligence cases. This is because over time we get to know the best doctors to gain an honest opinion as to whether another doctor has been negligent. Often we have to obtain an opinion for doctors practising interstate. This is especially common when we are looking at a claim against a specialist, such as an orthopaedic surgeon or obstetrician. Often the Victorian specialists know each other, so it is preferable to obtain an opinion from an interstate specialist, who is less likely to the know the doctor we are looking at suing, and thus more likely to give an honest opinion on medical negligence. At Adviceline Injury Lawyers we have been working on medical negligence cases for over 30 years. We have a depth of experience in such cases and know who is the most appropriate doctor or expert to seek an opinion from.

How do you find a doctor to give an opinion against another doctor in a medical negligence claim?

At Adviceline Injury Lawyers, we have been working on medical negligence cases for over 30 years. Over this time we have developed extensive contacts in the medical community, they are trusted doctors whom we can approach to obtain an honest medico-legal opinion on whether the doctor or hospital was negligent.

How long do I have to sue a doctor for medical negligence?

As an adult person you have 3 years to commence a claim in the court, starting from the time when you knew that your injury arose through the “fault” of another, and that the injury was sufficiently serious to justify the bringing of a medical negligence claim. The knowledge of fault refers to knowledge that the doctor was culpable or blameworthy - often this knowledge occurs when your lawyer receives a medical report supporting an allegation of medical negligence. It can often difficult to determine when the limitation period runs from. The sooner you see a lawyer about your medical negligence claim, the better. Adviceline Injury Lawyers can help you to work out when the limitations period runs from, and will ensure that if a claim should be lodged, it is filed in the court within the limitations period. If the medical negligence damages claim that is to be made on behalf of a child, who is under the age of 18 years, then if that child has parents who are able to assist the child in making a legal claim, then those parents have 6 years to bring a claim for the child. If the limitations period has expired it is possible to apply to the Court for an extension of time and if such an extension is granted, then the claim can proceed. The Court will grant an extension of time if it is “just and reasonable” in all the circumstances.

Can I sue other health care providers, such as chiropractors?

All health care providers owe a duty of care in providing you with medical treatment. This includes chiropractors, physiotherapists, osteopaths and nurses. Each is expected to provide reasonable medical care, treatment and advice. The same laws that govern medical negligence claims against doctors apply to these allied health care professionals. The testing as to whether the care was reasonable is measured by what another health care provider would have done in the circumstances. For example, if a chiropractor does a forceful manipulation of your neck, causing a disc prolapse and another chiropractor is prepared to say that the forceful manipulation was unreasonable and that excessive force was used, then you would have the basis of making a medical negligence claim against the chiropractor for the injury caused. At Adviceline Injury Lawyers we have made many medical negligence claims over the years against a range of health care providers including chiropractors, physiotherapists, osteopaths, natural therapists, nurses, dentists, optometrists.

How much money can I expect to receive in a medical negligence case?

As every case is different, the damages that victims of medical negligence receive differ also. If you have a “significant” injury, then you will be entitled to claim for pain and suffering damages. However, the maximum amount that can be recovered for pain and suffering damages under Victorian law is just over $400,000. This maximum is reserved for the very worst injuries. A medical negligence damages claim can also include a claim for past wages, future loss of wages, medical expenses and special care costs. In cases for profoundly injured people, such as children born with cerebral palsy as a consequence of a negligent delivery at birth, the future care costs can add up to many millions of dollars.

Is it easy to access my medical records?

You can request your medical records from your treating doctor or hospital directly. If we start to investigate a medical negligence claim for you, we will be able to access your medical records on your behalf pursuant to the Health Records legislation. This will involve you signing an authority to enable such access and encompasses such things as records, reports, scan results and more.

How long will my medical negligence case take?

The length of medical negligence cases vary considerably. It usually it takes about 4-6 months for us to investigate a claim as we need to get medical records and then seek independent medical opinions on both negligence and injury. Once a case is issued there is often a wait of about 12 months before a Court is able to hear the case. However as most cases settle at mediation, it is often resolved sooner than 12 months from the time a case is issued in the court. Of course, every case is different and it is impossible for us to give a general answer on how long a case will take. It also often depends upon whether the injury is stabilised for the purpose of making an assessment of the severity and impact of the injury on you. As you only get to make a claim once, it is important that the full impact of the injuries is known. At Adviceline Injury Lawyers we will be able to provide you with a timeframe as to the likely length of any litigation once we have an idea of the injuries sustained and the consequences to you. As there are strict time frames for medical negligence claims, it is important to speak to a lawyer prior to the expiration of three years following any alleged medically negligent act. Even if your injuries haven’t stabilised, the lawyers at Adviceline Injury Lawyers will ensure that your rights and interests are protected for any future claim that you may bring.

Can I get paid for my out of pocket medical expenses and time off work?

If the negligent medical treatment caused you to miss time from work or require extra treatment, you can claim for these expenses. Out of pocket expenses can include expenses already incurred and expenses to be incurred in the future. This may include further surgery, pain medication or rehabilitation treatments. In order to make a claim for future out of pocket expenses your doctors must be able to give an estimate of the duration of likely treatments required, and costs of those treatments arising out of the negligently sustained injury. You may also claim for time off work and it is important that you keep track of dates that you aren’t at work due to your injuries.

Can my family claim too?

Often family members are impacted by the consequences of negligent medical treatment and may be called upon to undertake duties and responsibilities that they otherwise wouldn’t have had to do. Unfortunately they can’t claim themselves for this time and upset. In some circumstances however, if a family member suffers psychiatric injury arising out of the medical negligence suffered by another, they may make their own claim for pain and suffering. This may arise for example in circumstances where a mother has lost a child due to medically negligent treatment. A father may sustain a psychiatric injury as a result of that loss even though the medical treatment didn’t occur directly to him. There are strict thresholds that must be overcome in order to make such a claim. Other situations may include a claim by the family if someone dies as a result of medical negligence for the lost income into the future and/or services that would have, but for the death of the person, have been provided around the house into the future. Our expert lawyers at Adviceline Injury Lawyers would investigate such options for you and advise as to the merits of such a claim.

Should I be talking to the insurer about my medical negligence claim?

No. Often people start having informal discussions with the insurer prior to contacting a lawyer. Most often this includes making claims for out of pocket expenses incurred so far. Quite often an insurer may make an offer to settle up payments with a denial of liability. This will involve signing a release that may preclude the bringing of a further claim relating to the medical negligence incident. In no circumstances should you sign such a document without seeking legal advice.

Can I make a medical negligence claim for the pain I will suffer in the future?

Yes. If you are unfortunate enough to be left with permanent significant injuries as a result of a doctor’s negligence you may be able to bring a medical negligence claim for pain and suffering damages. You are only entitled to bring a claim for pain and suffering damages if you have suffered a permanent impairment that is deemed to be a “significant injury”. If you have suffered a significant injury your case would include a claim for damages in relation to the pain and suffering that you have already been through and also the pain and suffering you will endure in the future. If you are injured through the negligence of a doctor you of course hope that you will recovery fully. If you do recover fully from your injuries you will be able to bringing a claim for your lost wages and out of pocket medical expenses, however, you will not be entitled to bring a claim for the pain and suffering that you have been through. At Adviceline Injury Lawyers we can provide you with expert advice as to whether you will be able to prove that you have suffered a significant injury and thus be entitled to compensation for past and future pain and suffering.

Why do I need to attend a Medical Panel?

To be entitled to bring a medical negligence claim for pain and suffering damages you must be held to have suffered a “significant injury.” Even if an independent doctor believes that you have suffered a significant injury the lawyers for the doctor can refer your claim to a Medical Panel. In a medical negligence claim a Medical Panel is a group of doctors who assess an injured person and determine whether they have suffered a “significant injury”. There are only very narrow grounds upon which a Medical Panel decision can appealed and their decision is normally final. Accordingly, it is important that your case is well prepared before attending a Medical Panel so that all of your injuries can be assessed properly. At Adviceline Injury Lawyers we assist people who have been referred to a Medical Panel by making submissions to the Panel and providing medical documents supporting the argument that you have suffered a significant injury.

I was injured at work and think my doctor has made things worse, what should I do?

If you have been injured at work in Victoria you should immediately make a WorkCover claim . Even if your work injuries have been made worse by the negligence of your doctor your injuries will still be considered “work injuries” under the law. It is only if your doctor has displayed “gross negligence” that you should make a separate medical negligence claim in addition to your WorkCover claim. At Adviceline Injury Lawyers we have expert work injury lawyers and medical negligence lawyers . We can assist you in making a WorkCover claim and also advising you as to whether your doctor may been grossly negligent in the treatment you have received.

Can I make a complaint about my doctor?

If you are not happy with the treatment you have received from your doctor or other health professional you can make a complaint to the Health Services Commissioner (HSC). The HSC has the power to hear and resolve complaints about health service providers. It has a limited power to consider claims for compensation for financial remedy or damages. A complaint to the HSC must ordinarily be lodged within 12 months of the date of the treatment being complained about, however, the HSC will accept a complaint later than 12 months where there is a genuine reason for delay. If you are considering making a complaint to the HSC, Adviceline Injury Lawyers can provide you with initial legal advice in relation to whether you should bring a medical negligence claim against your doctor or make a complaint to the HSC.

My career has been ruined by my doctor’s negligence, what can I do?

If you have been injured by the negligence of your doctor and this has affected your employment you can claim damages for loss of wages. In a medical negligence claim you can claim for past loss of earnings and also for future loss of earning capacity. Often people are injured at a time when their career is about to take off, they are about to get a promotion or their business is expanding. These claims for future loss of earning capacity can be difficult and often require evidence to be gathered from expert accountants, vocational assessors, friends, family members and work colleagues or superiors. At Adviceline Injury Lawyers we are experienced in preparing complex damages claims for loss of wages and can assist you in proving your medical negligence claim.

Will I need to find experts to support my medical negligence claim?

To bring a medical negligence claim against your doctor it will be necessary to rely upon expert evidence. The Court will not allow a person without the appropriate qualifications to give an opinion in relation to medical questions, such as whether a doctor has been negligent, or whether a doctor’s negligence has caused your injury. Accordingly, finding reliable and honest expert medical witnesses is essential in bringing a medical negligence claim. At Adviceline Injury Lawyers we have been helping people with medical negligence claims for more than 30 years. Over this time we have developed knowledge that will help us contact appropriate expert doctors to provide an opinion in your case.

When should I do something about my medical negligence claim?

If you think you have suffered an injury through the negligence of your doctor it is best to consult a lawyer immediately when events are fresh in your mind. Very importantly, strict time limits (hyperlink to time limits) apply to bringing medical negligence claims, and at Adviceline Lawyers we can provide you with immediate advice in relation to your claim. If you want to be represented by an expert Melbourne lawyer, experienced in medical negligence claims, please contact us on: t: (03) 9321 9988 or 1300 MY INJURY e: This e-mail address is being protected from spambots. You need JavaScript enabled to view it