Medical Negligence Claims - Slater & Gordon

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The extent of the harm suffered You can only be compensated for injuries and losses that result from the negligent treatment. Medical evidence is always necessary to prove the extent of the physical and/or psychiatric injury and the likely consequences, for example, inability to work or the need for nursing care. What is compensation? Since the primary purpose of a compensation claim is to recover monies as compensation, it follows that a claim cannot be usefully pursued unless there is in fact a loss of some kind. Compensation is awarded according to the damage of harm and loss suffered. It does not relate to the degree of the provider’s negligence. 6 Medical Negligence Claims Third Edition • 2007 Compensation may include the following: • medical treatment expenses • future medical expenses • past wage loss & interest • future wage loss • damages for pain, suffering, emotional distress and loss of enjoyment of life • personal, domestic or nursing assistance provided by agencies or sometimes without charge by family or friends.
If your medical bills are being paid by either Medicare or a private health insurer these benefits must be repaid out of any settlement money received. The same applies to any income payments made by Centrelink while you are incapacitated for work by your injury. These payments must be repaid to Centrelink if you receive compensation for your lost earnings or your inability to earn an income. Negligent treatment that causes death If your partner or a family member dies as a result of negligent treatment, a limited type of compensation is available to the people who were financially dependent on the deceased or who received unpaid services in the home from the deceased. Dependants of the deceased may only claim for the economic loss that they have suffered, or for the value of the lost services. Nervous shock Useful phone numbers Unfortunately, the law does not provide compensation for the grief associated with the death of or injury to a family member. However, if you can prove that you have suffered a recognised psychiatric injury as a direct consequence of the ‘shock’ of the death, you may be able to make a claim. You must be able to prove that the death or injury was caused by negligence. Third Edition • 2007 HIC (Medicare) 132 127 Centrelink Sydney (02) 9208 2001 Melbourne (03) 9201 9119 Brisbane (07) 3871 6111 Perth (08) 9238 9493 Medical Negligence Claims 7
Page 1 and 2: Medical negligence claims Third Edi
Page 3 and 4: What is a medical negligence claim?
Page 5: What do I have to prove? Negligence
Page 9 and 10: Not all claims are viable - in some
Page 11 and 12: Steps to making a compensation clai
Page 13 and 14: Step two - investigation Initial in
Page 15 and 16: Privacy Slater & Gordon seeks to co

Medical Negligence Claims - Slater & Gordon

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