Injury as a result of medical treatment – Medical Negligence Claim


Injury as a result of medical treatment – Medical Negligence Claim

Have you had a medical or dental treatment, and this includes treatment such as physiotherapy and chiropractic treatment, which has left you with an injury?.  If so, you may be entitled to compensation for pain and suffering, loss of income, out of pocket expenses and medical expenses, referred to as a medical negligence claim.

‘Our client, Judy (not her real name) attended a treatment with a dentist who inadvertently jabbed the bottom of her tongue which caused her to have a lisp when talking.  Judy suffered from an emotional impact from this injury.  A successful claim for compensation was made and Judy was awarded compensation‘.

There are time limitations that apply to medical negligence claims.  The period is 3 years from the date of incident or 3 years from when the negligent act was discoverable.  In some cases the discovering of the negligent act may be many years after when the treatment was provided.

A court has a discretion to allow a matter to proceed taking into account all the circumstances.  In one matter pursued by us, a Court allowed a person whom had diarrohea incontinence to proceed with her action although it was 16 years after the treatment that had been provided.  Again, a successful outcome was obtained.

You should always seek legal advice as to where you stand in relation to a medical negligence claim.  Call Peter Moore, Compensation Lawyer on 02 4324 7699 for a free confidential chat to find out where you stand.


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