Have you received medical or other treatment which you believe has been negligently carried out and which has caused you to suffer loss or damage?. You may have a medical negligence claim.
Such treatment may include from a Doctor, Dentist, Hospital or other health provider. There is a limitation period of 3 years in which you are able to commence a claim for compensation, but in many cases that time does not commence to run until a person knows or should have known there was negligence involved in the treatment provided. In some cases that may not be until a significant period of time has passed, possibly even years, since the treatment was provided.
Even in the event that the 3 year limitation period has passed, a court may allow a claim to proceed if there is a satisfactory explanation provided for the delay in pursuing a matter. In considering the matter, the Court would consider any question of any prejudice to a potential defendant.
In one case, a client who had suffered diarrohea incontinence as a result of surgery was able to pursue her claim even though a period of 16 years had passed. As a result of her claim, she was able to obtain compensation for the injury she had suffered.
In relation to compensation, you may be able to claim for pain and suffering, past and future loss of income, past and future medical expenses, out of pocket expenses and for domestic assistance. If a claim is successful, the Court may also make an award in a person’s favour for costs.
You should always seek legal advice as to your rights and possible entitlements at the earliest possible time. If you would like to find out where you stand in relation to a possible compensation claim, call Peter Moore, Compensation Lawyer of Brazel Moore Lawyers on 4324 7699 for a free confidential chat.
