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Emergency Medicine Lawyers

Emergency departments deal with some of the most confronting medical situations often involving multiple conditions or injuries. Staff must deal with a vast range of medical issues - and patients - quickly and efficiently. Our Emergency Medicine Lawyers Brisbane and QLD handle claims for compensation for negligent treatment in hospital emergency departments.

Do you have a claim?

Check to see if you are entitled to compensation. If you have a question, please get in touch with our Emergency Medicine Lawyers.

Do you have a potential Emergency medical treatment claim?

Make an enquiry

Emergency Medicine Lawyers Brisbane and QLD

Every hospital has guidelines for the decisions emergency department personnel must make to promote the best outcomes for patients and to create efficiency. Staff must be highly trained not only as to their field of expertise but also in relation to those guidelines.

They must quickly assess each patient and decide whether to treat them on the spot, admit them for surgery or other care or send them home with medication and reassurance. The risk to patients is that the workload under which staff are put and the need for efficiency leads them to errors that would not ordinarily be made.

Errors made in the course of emergency medical treatment can cause permanent injury. We understand how life-changing emergency medical mistakes can be.

Damage claims can be made for emergency medical treatment subject to proving the conduct of the medical professional did not meet an acceptable standard for Australia.

To succeed in an action for damages in medical matters, the connection between the medical error and the resulting symptoms must also be proved. Emergency medicine error injuries can result from numerous causes:

  • Turning away patients assuming there is no significant medical condition or injury;
  • Failure to perform an adequate physical examination;
  • Failure to diagnose fractures or joint injuries;
  • Failure to recognise a cauda equina condition;
  • Failure to perform x-rays or other diagnostic tests and scans;
  • Failure to diagnose acute conditions such as appendicitis, meningitis or chest pain;
  • Inadequately performed closed fracture manipulations.

A failure to diagnose does not in itself mean medical negligence. Speak to our Emergency Medicine Lawyers Brisbane and QLD-wide at Carter Capner Law. Our Emergency Medicine Lawyers can help determine whether there may be grounds to investigate a claim.

We have offices across Brisbane and service all of Queensland. Clients can stay connected via our 24/7/365 password-protected client portal, LawSpace.

1

Schedule your initial consultation

At our initial consultation, our Emergency Medicine Lawyers can give you more information about the claim process and chat with you about the viability of an insurance or compensation claim. Our Emergency Medicine Lawyers will also confirm your eligibility for no win no fee terms to pursue your case.

2

Investigation & gathering evidence

We will investigate and gather evidence while you recover from your injuries. This includes collecting medical treatment records prior to the medical event and subsequent to it.

At the same time, our Emergency Medicine Lawyers will also collect employment and income records so that complete before and after pictures can be painted.

3

Get Independent Medical expert's opinion

Once we obtain all relevant medical records, including reports from your treating doctors, our Emergency Medicine Lawyers will then get an independent medical expert opinion as to the extent of your injury and also to clarify whether or not the treatment provided to you met or fell short of the requisite standard of care.

From those reports, our Emergency Medicine Lawyers will formulate how the medical event has impacted you and your family at work and at home.

4

Lodge your claim

If the investigation results satisfactorily, our Emergency Medicine Lawyers will then lodge your insurance claim where possible and if the circumstances allow, a compensation claim for the physical and psychological deficits you have sustained as a result of the accident.

5

Attendance at informal settlement meeting

Our Emergency Medicine Lawyers will formulate your damages demand if applicable and appoint an out of court meeting to negotiate the resolution of your claim settlement.

6

Claim settlement or court proceedings

Statistically, more than 97% of compensation claims are settled out of court. In many cases, the claim is resolved successfully during the informal settlement meeting, and you will receive compensation to which you are entitled.

If your claim has not been resolved at this stage, our Emergency Medicine Lawyers will file proceedings in court to help you get the compensation to which you are entitled according to law.

Does the failure to investigate a potential fracture count as a misdiagnosis?

Emergency personnel should investigate potential fractures when the patient presents with pain, obvious swelling and a history of trauma. X-rays or scans should be ordered and proper follow up should be scheduled. It must be shown – for compensation – that a reasonable emergency medicine physician would have detected the fracture.

If it can be proven that the resulting condition is worse than would have been the case had the correct treatment occurred immediately, then there will likely be a compensation case for medical malpractice.

It is recommended to speak to a Emergency Medicine Lawyers to discuss how to take the best course of action.

How do you establish the causation between the substandard treatment and the resulting symptoms?

It is essential to prove the extent to which the negligence has contributed to your overall condition. This is established on the basis of expert medical opinion.

Medical malpractice usually falls within one of the following classes:

  • Failure to diagnose at all or failure to diagnose in a timely manner
  • Failure to treat appropriately
  • Failure to provide or counsel appropriate follow-up
  • Failure to refer for specialist diagnosis/treatment
  • Failure to warn as to complications
  • Failure to perform treatment/surgery with the appropriate skill.

Expert evidence is needed to establish the difference between:

  • The original condition you sought treatment for
  • and the condition you were in after that treatment.

Speak to our Emergency Medicine Lawyers to see what available options you are entitled to.

What sort of damages are payable in medical malpractice compensation?

It all depends on the proportion of liability attributable to the at-fault medical professional, the extent of your resulting injury and the quality of your evidence.

The amount of compensation to which you are entitled is also based on a comparison of how your life was before and after the accident.

If someone whose injury has had a significant effect on their quality of life (work, psychological, physical) is entitled to higher compensation than someone whose injury has had a minor impact on their lives.

The amount of compensation also is determined by:

  • General damages (loss of enjoyment in life due to suffering);
  • Out of pocket expenses (medical bills, rehabilitation costs);
  • Any loss of income and superannuation contributions;
  • Potential medical or personal care costs that is likely to occur due to the injury; and
  • The interest from the loss of earnings.

If you are not sure if your compensation claim is worthwhile, contact our Emergency Medicine Lawyers and we will help assess your needs and eligibility for our no-win no-fee service.

What are the fees for insurance and compensation claim for Medical Negligence?

It is essential to always speak to Emergency Medicine Lawyers about your situation. Your financial position should not prevent you from seeking legal advice in regard to the injury you suffered that you are ‘not-at-fault’ for.

Medical bills and taking time off work or even worse, potentially not being able to return to work can be costly. Carter Capner Law offers a ‘no win no fee’ arrangements in many cases.

With a ‘No Win, No Fee’ agreement, your Emergency Medicine Lawyers takes on the financial burden of pursuing your case, you can focus on your recovery and in the meantime on how best to care for your family.

We have offices across Brisbane and service all of Queensland.

What evidence do I need to keep and collect?

To assist Emergency Medicine Lawyers with the investigation, it is important to try to do the following:

  • Make notes of your recollection of all events relevant to the accident
  • Record names and addresses of witnesses
  • Take photos and video of the place where you were injured. “A picture tells a thousand words”. Sketches are also helpful
  • Take photos and video of any product, equipment or object that injured you
  • Take photos of your injuries
  • Keep any defective product which caused an injury
  • Keep details of your absences from work caused by the injury
  • Make a list of visits to doctors, physiotherapists, chiropractors etc for treatment and follow-up visits
  • Keep all invoices and receipts for medical, chemist etc expenses
  • Record details of assistance provided by friends and family members
  • Collect contractual records.
  • Collect documents showing your loss of earnings and earning capacity including wage slips, group certificates, income tax returns (for 6 years prior to the accident and each year after), references and resumes.

Is my claim worthwhile?

Whether your claim is worthwhile depends on the seriousness of your injury and how that affects your employment and lifestyle.

There are some claims that are not worthwhile such as those for trivial injuries where there is no insurer or the party at fault does not demonstrate significant assets against which a judgment can be enforced.

If you are not sure if your compensation claim is worthwhile, please contact us, and we will help assess your needs and eligibility for our no-win no-fee service.

Carter Capner Law offers specially tailored services in connection with severe brain injury and spinal injury accidents for children and adults to help formulate comprehensive loss statements that include individualised damages components that make up multi-million dollar claims.

If you are not sure if your compensation claim is worthwhile, contact our Emergency Medicine Lawyers and we will help assess your needs and eligibility for our no-win no-fee service.

Are children eligible to claim for Medical negligence and malpractice?

For children, a Notice of Claim Part 1 (NOC-1) must be delivered to the at-fault party before the earlier of:

  1. Six (6) years after the day a parent knew or ought reasonably to have known that the injury had occurred; or
  2. Eighteen (18) months after the day a parent consults a lawyer about the possibility of making a claim.

If the Notice is not given as required, then the claim is not automatically barred, but the at-fault party may seek a Court Order preventing the claim from proceeding further.

If the Court allows the claimant to proceed, you may still be prevented from recovering expenses incurred before giving the Notice, including:

  • Medical and other expenses
  • Legal costs
  • Any entitlement in respect of gratuitous domestic service you have provided.

To complicate matters further, if you receive at any stage from another party a written “Notice of Adverse Event Arising out of Treatment” then the requirement for you to give the NOC-1 within the time limits referred to above is more important. Rather than the at-fault party being able to obtain a Court order to stop the claim, the onus shifts to you to prove why you should be entitled to proceed with the claim. Even if the Court permits you, the above consequence relating to recoverable expenses will apply.

The eighteen (18) month time period is therefore absolutely critical.

Do you need professional advice on your circumstances? Please speak with one of our experienced Brisbane-based Emergency Medicine Lawyers today. What happens if the NOC-1 is submitted outside of the applicable time limit? If you fail to lodge the NOC-1 within 12 months of the at-fault party supplying the documents, you must have a reasonable excuse for the delay. Speak to us today to see if we can help.

Are there any other time limits for making a Medical Negligence claim?

Yes.

An “Initial Notice” must be sent to the at-fault party (the negligent doctor or hospital) within:

  • One (1) month after the day the claimant first consults a law practice for the personal injury and the at-fault party is identified

OR

  • Nine (9) months from the date of injury (or first appearance of symptoms).

The time limit is determined by whichever date occurs first.

The at-fault party then has one (1) month to provide all relevant records and documents about your medical treatment. From the date they provide the documents you have a further twelve (12) months to complete and deliver to the at-fault party:

  1. The detailed Personal Injuries Proceedings Act Notice of Claim (NOC) Part 1
  2. A medical report supporting the claim

The insurer then has six (6) months in which to investigate your claim and to determine whether they will admit or deny liability.

Court proceedings must be commenced within 3 years of the medical event. Don’t delay your right to claim for compensation, speak to one of our Emergency Medicine Lawyers today.

Common types of negligence claims

To succeed in an action for damages in medical matters, negligence must be established, and the patient must be harmed or injured through that negligence.

Amputation due to medical negligence.

Spinal injuries and cauda equina.

Anaesthesia errors.

Bowel and oesophageal perforation.

Nerve damage in surgery.

Fracture treatment.

X-ray and radiology negligence.

Medical misdiagnosis.

Birthing injuries.

Plastic and cosmetic surgery negligence.

Surgical negligence

The CCL method

Our Emergency Medicine Lawyers will quickly review the circumstances of your case to determine your prospects of a successful medial treatment injury claim. And once we have approved your case the claim process can be promptly started following the CCL method

Process

Assemble the initial information you are able to provide

Proper case preparation demands meticulous attention to detail. That’s why right from the start, we collect all the facts and continuously verify them with you and other sources. Constant updates to your comprehensive statement will ensure everyone – you, us, medical specialists and barristers – stay precisely on the same page.

Process

Prepare initiating Claim Notice.

Once sufficient facts have been collected and the identity of the at-fault party confirmed, and initial Claim Notice can be completed in a way that persuasively asserts the basis and extent of your compensation request.

Process

Keep collecting the facts.

Diligent claim preparation requires a comprehensive understanding of your medical income and employment histories. Our Emergency Medicine Lawyers will obtain records from accident related treatment provided as well as from health professionals who have treated you for any prior conditions. Employment and income records asked also be collected and diligently examined .

Process

Medical investigation of injury.

The extent of accident related injury must be independently verified by medical experts. Because compensation is paid for the permanent effects from an injury, specialist medical assessment is deferred until 9 – 12 months post injury. We’ll arrange examinations with appropriate specialists and the insurer of the at-fault party is entitled also to have you examined by its specialists.

Process

Formulation

Once all information has been collected and medical specialist reports obtained, our Emergency Medicine Lawyers will carefully formulate the “damages” components of your claim demand. The CCL Method requires that every component – general damages, lost wages, expenses you have incurred, the value of past and future domestic care and the value of loss of future earning capacity – is based on authoritative evidence.

Process

Negotiation

After the insurer has considered your damages ask, a settlement conference is arranged to attempt to negotiate a resolution. Although informal, the success of the conference depends on the extent of preparation that has gone before it. Offers will be exchanged and if the insurer is being reasonable, the conference offers a good opportunity to finalise the claim.

Process

Settlement not reached: heading to court

If you are unable to reach an agreement within 60 days after the conference, a Claim and Statement of Claim must be filed in court in relation to your accident. The defendant may then file a Defence and the court process then continues until the dispute is listed for a trial where witnesses are called to give oral evidence and a judge makes a final determination.

What expenses does Carter Capner Law cover for you under its Emergency Medicine negligence compensation No-win No-fee terms?

Carter Capner Law's No-Win No-Fee terms affords fairness to those seeking compensation for personal injury including loss of income and future loss of income earning capacity. No-Win No-Fee - sometimes called "no-win, no-charge" and "no-win no-pay," allows legal representation to a level equivalent to that of the insurance company that will be resisting your payout. Essentially No-Win No-Fee terms provide that fees and case expenses are only payable when the claim is finalised and only if it is successful.

  • Court Filing Fees

  • Medical specialist consultation & report fees

  • Medical records collection fees

  • Expert report fees

  • Claim investigation

  • Barristers

    Our Emergency Medicine Lawyers will secure the services of a barrister who will also offer No-Win No-Fee terms

  • Document production

  • Police Report Fees

  • Government agency search fees

  • Freight & courier

  • Office charges

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