Compensation for Medical Negligence and Malpractice

What is medical negligence?

When you get advice or treatment from a health professional, you are owed a duty of care. If the health professional fails to apply the proper standard of care, the physical, emotional and financial consequences for you and your family can be enormous.

If the negligence of a health professional causes you injury and financial losses, you are entitled to seek compensation.

What areas of medical negligence and malpractice can Kelso Lawyers help me with?

Medical negligence:

  • Failing to warn a patient of risks associated with treatment
  • Misdiagnosis or failure to correctly diagnose a medical condition
  • Delaying or failing to provide appropriate treatment
  • Botched surgeries and other procedures
  • Birthing complications
  • Medication errors

Consumer law matters in the health sector

Injuries arising from the use of:

  • Drugs/vaccines/supplements
  • Prosthetics/implants

Intentional acts by health practitioners

  • Sexual abuse and harassment
  • Performing unnecessary procedures
  • Performing procedures without a valid consent

How do I know if I have a case?

When you contact Kelso Lawyers we will assess whether you have a viable case.

There are generally three elements which must be proven in a case of medical negligence:

  • A duty of care was owed to you by a medical professional
  • The duty of care was breached in the performance of a professional service
  • The breach caused you to suffer injury or losses

What is the time limit for making a medical negligence claim?

Most Australian states enforce a three year time limit. There are however instances where this time frame can be extended – for example when the injury wasn’t recognised immediately, or didn’t become apparent until years later. Exceptions may also apply to children and people with a disability.

What is the process of claiming compensation for medical negligence?

If you think that you have a case of medical negligence, get in touch with the team at Kelso Lawyers. We will evaluate your case and let you know if there is a chance of achieving compensation.

Once we have heard from you and evaluated your claim, we will send your paperwork. Included in this is a costs agreement – this is a conditional costs agreement that we have developed to ensure you have the best chance at achieving an acceptable compensation payment. Other paperwork includes permission for us to access your medical records.

We will then go about collecting the necessary evidence to support your claim. This includes taking a comprehensive statement from you, reviewing your medical records, and potentially obtaining an expert opinion from an independent medical expert.

We will aim to settle your claim out of court. This typically occurs through a process called mediation.

If a settlement cannot be reached at mediation, your matter can be taken to court.

How much does it cost?

Kelso Lawyers understands that cost can be a major barrier to someone seeking legal representation. That is why we have a conditional costs agreement, with a no-win no-fee policy.

Simply put: If your case doesn’t win, you don’t pay for the legal costs.

Why choose Kelso Lawyers?

When you choose Kelso Lawyers, you are choosing a law firm with over 30 years experience in compensation law.

If you suffer life-altering injuries you shouldn’t be left to fight an insurance company on your own. We have a reputation for being relentless, meticulous, and creative in getting our clients the help that they need.

We will claim for the full impact of your injuries, not just the physical but also the
psychological. Our team are also highly experienced in helping people manage the stress of the claim process.

For more information, contact us today on (02) 8315 8900. We would like to hear from you.