Medical Negligence Lawyers in Newcastle
TALK TO OUR MEDICAL NEGLIGENCE LAWYERS FIRST
If you have been injured whilst, in the care of a healthcare provider, you may be able to claim compensation. Make Bale Boshev Lawyers in Newcastle your first contact for medical negligence claims.
We have served clients from across Newcastle, the Central Coast and Hunter Valley since 1980. Our Newcastle legal team have the skills and knowledge to fight for the best possible resolution for you.
WHAT IS MEDICAL NEGLIGENCE?
Medical negligence is complicated and can occur in a wide variety of ways, some of the more common cases we see as lawyers occur when a healthcare practitioner either diagnoses an illness or condition incorrectly, or they fail to diagnose the illness or condition at all or in a timely manner. These failures can lead to incorrect or delayed treatment or the absence of treatment at all and may result in serious illness or even death.
Medical negligence claims can be made against healthcare providers and area health districts (hospitals). If this is the case, they may be liable for the harm they have caused you and you may be entitled to make a medical negligence claim.
MEDICAL NEGLIGENCE MATTERS CAN TAKE MANY FORMS
- Misdiagnosis
- Surgical errors
- Prescribing defective medical products
- Anaesthesia errors
- Medication errors
- Failure to warn the patient about medication side effects
It’s always recommended that you enlist the help of a lawyer to review your case. At Bale Boshev Lawyers, our Newcastle Lawyers can provide you with a free initial case assessment and consultation, where one of our lawyers will review your incident and determine whether you have a medical negligence case.
What’s Involved In The Process Of A Medical Negligence Claim?
To prove medical negligence, you must be able to demonstrate that the treatment you received did not meet the standard of care and skill that a reasonable professional would have provided. It must also be shown that the injury would not have occurred if proper care was provided to you. Both conditions need to be satisfied in order to file a medical negligence claim. If there was negligence, but it didn’t result in any injuries, you won’t have any grounds for legal action.
Your Newcastle lawyer will meet with you to discuss the details of your case and record a statement about what happened. We will obtain your medical records and a report from an independent medical expert. If all the evidence gathered supports a strong case, we will consult with you and begin proceedings.
What Compensation Can I Get?
The damages you can receive as a result of your injury can be separated into four categories:
- Cost of treating the physical or psychological injury
- Ongoing medical costs
- Non-economic damages, including emotional distress
- Loss of earnings & superannuation if the incident leaves you unable to work
You must be able to prove that the effects of the injury were the reason behind any damages you are claiming. Medical negligence claims also need to be filed within three years of the incident taking place, so it’s highly recommended that you speak to a lawyer as soon as possible. If you are in the Newcastle area and need legal advice, Contact us today!
SUPERIOR SERVICE
At Bale Boshev Lawyers, our Legal team takes pride in their work and always strives to provide compassionate legal advice. If you want to find out more about your medical negligence case, we can organize a meeting for you with our lawyers, Ray Blissett and David Kolarovski, who specialize in medical negligence.
We can also help you claim compensation for workplace and public injuries. Call us today to speak to our friendly team.
FAQ
The injuries that you’ve incurred can be compensated through payments that will cover your medical bills, loss of income due to your injury, aids and equipment, pain and suffering and any future treatment costs.
Both bringing a medical negligence claim to court and defending a medical negligence case are very difficult to do because of the complex nature of the legislation. This requires you to have the best medical negligence lawyers by your side throughout the process.
David Kolarovski of Bale Boshev Lawyers specialises in these claims and has a wealth of experience in these matters and the relevant legislative requirements. Given his experience, David is the best person to provide all the information you need and to provide an advice relating to your prospects of success and the amounts which you can claim.
The length of your claim depends on the severity and extent of your injuries and whether the opposing party disputes your claim. A medical negligence lawyer can provide an educated estimate on the complexity of your case and provide you with more detailed information.
To prove your medical negligence claim in NSW, we will need to be able to prove that:
- A medical practitioner/patient relationship existed between you and the treatment provider; and
- The medical practitioner was negligent and did not provide you with appropriate treatment in line with an expected level of skill, manner and standard of care reasonably expected by their peers; and
- The medical practitioner’s negligence caused harm or injury to you which is
quantifiable.
In most states there are time limits on making medical negligence claims, it is requirement to begin legal action within three years of the medical negligence, or six years if you are a child. It is recommended that you seek expert legal advice as quickly as possible for medical negligence claims in NSW to find out the specific time limits in your state and for your case. If you are past the three year time limit, please contact us immediately so that we may advise and assist.
All doctors and medical staff in Australia are required to have professional indemnity insurance. This means their insurance company will pay you any damages you earn due to your injury.
Medical staff owe their patients a duty of care. A breach of this care due to negligence which has caused injury means the patient should be compensated. It can include situations such as malpractice, misdiagnosis, medication errors, failure to warn about side effects and more. Talk to your lawyer to see if your situation classifies as medical negligence.
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