Medical Negligence Lawyers Perth
What is medical negligence?
You may be entitled to make a medical negligence claim if you have suffered an injury due to the negligence of a healthcare provider, such as a doctor. If a healthcare provider fails in their duty of care to you and the treatment provided falls below acceptable standards, you may be entitled to medical negligence, medical malpractice or medical mismanagement compensation. Regardless of where you were injured, our medical negligence lawyers who are conveniently located in Perth can help you.
- No Upfront Costs
- No Win No Fee
- 99% Success Rate
- Maximum Lump Sum Payout
What does medical negligence compensation cover?
- Medical expenses
- Travel expenses
- Loss of earnings
- Pain & suffering
- Domestic assistance
- Permanent impairment payout
How Can I Make a Medical Negligence Claim?
In Western Australia, you must lodge the initiating claim within three years of the date of the injury. If you intend to bring a claim out of time, you may be eligible for time extensions. You should arrange to see a medical negligence compensation lawyer who can provide you with advice in relation to any rights you may have for medical negligence compensation.
All healthcare providers owe a duty to exercise reasonable care and skill when providing treatment and medical advice to their patients. Healthcare providers have a legal obligation to take reasonable care when doing something or when choosing not to do something that could foreseeably cause harm or loss to patients, who the health care provider should reasonably have in contemplation.
Duty of care is usually easily made out in relationships between healthcare providers and patients. Generally, it is a recognised relationship at law where a duty of care is owed. It can be more complex when trying to establish that a duty of care is owed to third parties such as parents of the patient.
You must demonstrate successfully that the healthcare provider fell short of the way in which a reasonable person in the position of the defendant would have behaved.
The reasonable standard of care to be met by professionals is that of an ordinary person exercising and professing to have that skill. A healthcare provider will not have breached a duty of care in the provision of treatment or service if it is shown that he or she acted in a manner that at the time the treatment or service was provided was widely accepted by the peer professional opinion as competent professional service.
Frequently Asked Questions
Medical negligence claims in Western Australia should be made within 3 years from the date of injury or from the date you became aware of it. On some occasions though, the time limit might be extended.
The complexity of the claim will determine how long the claim runs for. Every situation is unique. However, most medical negligence compensation claims take between 12 months to 18 months to finalise. Another circumstance that can affect the time it takes is the defendant’s attitude to your claim and whether they will accept to settle the matter without commencing court proceedings.
Many factors come into play when determining the compensation you may be entitled to for a medical negligence claim. Factors such as the degree of the injury, permanent impairment and earning capacity will all impact the number of compensation you may be entitled to.
Medical negligence claims in WA are complex and take long working hours as it involves the collection of all medical evidence. First, you need to obtain the clinical report of the operation that caused your injury; then consult another independent medical specialist’s opinion for a medical assessment to find out if the health care provider’s peers opine that they were negligent. If that’s the reason, you should request evidence of medical malpractice and its consequences for your current daily life and future. You need to provide evidence from experts.
Some of the examples of medical negligence claim are as follows:
- Treatment provided by your doctor was below the standards
- The doctor responsible for the treatment failed to or delayed to inform you of the foreseeable risks of the surgery or treatment
- The treatment caused you to suffer physical or psychological injury
- You were provided with the wrong health care products or services
- You were provided with false diagnoses and misleading blood test results, x-ray results or wrong medications
- Cosmetic Surgery malpractice
Each law firm has a different policy; however, with Withstand Lawyers you do not have to pay any out-of-pocket expenses for our fees or disbursements. Our team works on a No Win No Fee basis which means that you do not pay our firm if we are not able to win your case. Access our No Win No Fee page for further information or call us on 1800 952 898
Withstand Lawyers has been helping thousands of injured people in Western Australia, regardless of where you are located our best medical negligence lawyers can assist you in Perth, Bunbury, Geraldton, Albany and other suburbs in Western Australia.
No Win No Fee Medical Lawyers in Perth
At Withstand Lawyers, our medical negligence lawyers are confident of their expertise, and we will act for you on a No Win No Fee basis. The process of bringing a medical negligence claim can be complex and overwhelming. We will fight for your rights and use our experience and knowledge to maximise your compensation.
We value your time and your trust. If you have suffered an injury due to the negligence of healthcare provider such as a doctor, nurse, hospital or any other professional treatment provider, don’t hesitate to call us on 1800 952 898 to arrange a free initial consultation. Our medical negligence lawyers can gladly visit you at the hospital, home or any other location that you wish in Western Australia. Our offices are conveniently located in Perth.
Issa Rabaya
• Bachelor of Laws
• Graduate Diploma in Legal Practice
• Approved Legal Service Provider to the Independent Review Office
• Member of the Law Society
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