When a health care provider, such as a
fails to treat you to an acceptable standard.
Negligence is a specific legal concept that relates to the reasonable care provided.
There are a number of factors involved in determining whether a claim for medical negligence can be made.
Maddens Lawyers' accredited specialist in this area can assess your situation to determine if:
This is an area that is best-served by obtaining specialist legal advice. Time limits can apply and these time limits can vary depending on the state in which the negligence is said to have occurred.
There are several types of treatments that can help you and your family get through the difficult times that usually follow negligent medical advice or treatment. You could receive compensation for:
That will always depend on your circumstances. There are maximum amounts payable, depending on the injury and the pain and suffering it has caused.
Maddens Lawyers' accredited personal injury specialist will be able to discuss your personal situation with you and provide advice on what you may be entitled to.
Maddens Lawyers understands that people with average incomes may not be able to afford to meet the costs of starting legal action while they wait for a medical negligence payout, particularly if they have been unable to work due to an illness or injury.
This is why we have a 'no result-no charge' policy. This means that if we believe we can win a medical negligence claim on your behalf, we will consider holding off charging you for our time until there's a settlement or decision on your case.
This means that if you don't win a case that we said we'd fund, you won't have to pay our professional fees.
Consider it an example of us putting our money where our mouth is.
There are conditions to this policy - for example, it doesn't apply to out-of-pocket expenses, such as the cost to get reports from medical experts, or court fees.
But we can explain all this to you at your first appointment - which is also free.
Rest assured that before we start any work, we will explain to you in detail:
No. There are laws that prevent this, not to mention our own moral code. Our aim is to ensure you receive all that you are entitled to.
That's not to say that you won't need to cover some additional legal costs. But we will make sure we inform you of this from the start, and keep you updated as the case goes on.
While we can't give you a guarantee that you won't be ordered to pay the other party's costs, this doesn't happen very often.
We pay close attention to how the case is progressing so that we can assess if you may be at risk of having to pay the other party's costs.
Your best first step is to seek independent legal advice. Maddens Lawyers can provide you with a fair and accurate assessment of your situation so you have a good idea of where you stand.
PH: 03 5560 2000