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Medical Negligence Claim – Nervous Shock Claims

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Medical Negligence Claim – Nervous Shock Claims

medical negligenceMedical Negligence Claims for Nervous shock are a complex area of law.

If a Family member of yours has been negligently treated by his/her doctor and has has suffered a recognised psychiatric illness as a result, they may be able to receive compensation for nervous shock.

Nervous shock claims can be brought by persons who have witnessed, at the scene, a victim being killed, injured or put in peril if it is accepted by the Court that they have a genuine psychiatric illness arising from a circumstance that the defendant out to have foreseen to be capable of causing a person of normal fortitude to suffer a recognisable psychiatric illness if reasonable care was not taken.

In addition, if a recognised psychiatric injury is suffered by a close member of the family of the victim who was killed, injured or put in peril, they need not have witnessed, at the scene, the relevant event.

A close member of the family of a victim includes –

  1. A parent of the victim;
  2. Other persons with parental responsibility for the victim;
  3. The spousal partner of the victim;
  4. A child or step-child of the victim;
  5. Any other person for whom the victim has parental responsibility.

The definition extends to siblings, half-brothers or half-sisters, step-brothers and step-sisters.  A “spouse or partner” is defined as a husband or wife or a defacto partner.

Claims for damages for pure mental harm or nervous should should only be brought by individuals who have suffered very significant psychological injury as a result of a particular event.  Appropriate compensation can be awarded to persons with significant injuries that negatively impact upon their ability to earn an income and which give rise to significant medical expenses.

Brazel Moore Compensation Lawyers has experience acting for injured plaintiffs in the Central Coast Community since 1981  If one of your family members has been affected by a psychiatric injury, which was a result of the negligence of a doctor in his/her treatment of a loved one, please contact us for a free initial consultation.  We act in nervous shock claims on a “no win no fee” basis. Call Bernard McAuley, Personal Injury Lawyer on 4324 7699 now for a free assessment of your case.