Medical Malpractice Lawyers explain failure to warn of risks in medical negligence claims. No Win No Fee Personal Injury Lawyers are experts in Medical Malpractice and Medical Negligence Claims & have offices in Brisbane and Gold Coast.
If you suffer injury as a result of substandard medical treatment then you can bring a claim to receive compensation for the injury sustained and any resulting loss and damage suffered. But did you know that when a doctor fails to warn you of any risks involved in the treatment they prescribe, then you may also have a claim for medical negligence? Well this is in fact the case.
Failure to Warn of Risks can also Constitute Medical Negligence
Medical Malpractice is not limited solely to poor medical treatment. Failure by a medical practitioner to warn of risks associated with medical treatment can also constitute medical negligence.
If your doctor prescribes medication, surgery or any other treatment that has an associated risk of injury, then your doctor is under a duty to warn you of those risks. If the doctor fails to do so and you proceed with the treatment, suffering a risk of injury that should have been forewarned, then you are entitled to compensation for the injury and any loss and damage you sustain as a result.
For example, say you undergo a discectomy for your back injury and during surgery your surgeon nicks a spinal nerve causing you to suffer Cauda Equina injury, resulting in partial paraplegia. If your surgeon, prior to surgery, failed to warn you of the risk that this could result from surgery and, had you known of this risk beforehand you would most likely not have proceeded with the surgery, then you would be entitled to claim for the injury sustained and all resulting loss and damage you suffer as a result.
To learn more about medical malpractice/ medical negligence claims and how they work, go to our “Medical Negligence” webpage specifically on this topic.
Medical Negligence Lawyers Explain Loss & Damage in Medical Malpractice Claims
When we talk about the loss and damage you can claim for as a result of medical negligence you have been exposed to, we are talking about the loss you have experienced because of the injury. So if you suffer further injury during back surgery as we have discussed above, then you can claim compensation for the:
- Pain and suffering for the increased injury you sustained, and how it has further restricted your activities of everyday living;
- Loss of income you have experienced and will likely experience in the future because of the further injury sustained;
- Loss of superannuation benefits associated with that loss of income;
- Increased out of pocket expenses you have incurred and will likely incur in the future for medical treatment, pharmaceuticals, medical aids, home and vehicle modifications etc, due to the injury sustained;
- Increased care and assistance you have required and are likely to require in the future, because of the injury sustained;
- Interest on past losses and out of pocket expenses.
In Queensland, the Civil Liability Act 2003 applies certain restrictions on compensation payments in Medical Negligence claims. This legislation restricts damages that can be awarded for pain and suffering, care and assistance (thresholds apply) and interest payments. The Act also caps the weekly loss that can be claimed for lost income.
To learn more about what compensation payments you are entitled to in such personal injury claims, go to our webpage on compensation payments.
No Win No Fee Personal Injury Lawyers are Experts in Medical Malpractice / Medical Negligence Claims
Have you received sub-standard medical treatment and suffered further injury as a consequence? Contact us to find out if you have a claim to pursue. No Win No Fee Personal Injury Lawyers are experts in medical negligence claims and will ensure you are properly compensated for your injury.
You can contact us by FREE calling 1300 388 383, Chatting with us online, or send us your enquiry via one of our FREE Instant Case Appraisal Forms on our website. We are available 24 hours a day and all enquiries are totally FREE of charge, without any obligation and totally confidential. Gain peace of mind – call us today and find out if you should be bringing a claim. It will only cost you a few minutes of your time.
No Win No Fee Personal Injury Lawyers provide their no win no fee legal service to all of Queensland, and have offices in both Brisbane City and on the Gold Coast at Surfers Paradise.
Time Limits Apply to Medical Negligence / Medical Malpractice Claims
Be aware that TIME LIMITS APPLY to medical negligence claims in Queensland, so it’s important that you don’t delay in pursuing your claim. There are also notice periods that apply to medical malpractice claims under the Personal Injury Proceedings Act 2002, the legislation which governs the way medical negligence claims are run in Queensland.