Medical Misdiagnosis Lawyers

An incorrect medical diagnosis happens when a medical professional fails to diagnose or misdiagnose a condition, illness, or disease. Our Medical Misdiagnosis Lawyers Brisbane and QLD can handle insurance and compensation claims for a wide range of medical misconduct such as Medical Misdiagnosis.

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Medical Misdiagnosis Lawyers Brisbane and QLD

If you are unable to work due to sickness, disability, or a permanent injury resulting from medical misdiagnosis, you may be entitled to claim compensation through your super as a Total and permanent disability (“TPD”) or income protection claim.

An incorrect medical diagnosis happens when a medical professional fails to correctly diagnose a condition, illness, or disease within a reasonable time. A misdiagnosis can be devastating, though not all medical misdiagnosis cases can be classified as negligent. That said, even the best of medical professionals are prone to making errors in diagnosis.

A successful medical misdiagnosis claim requires proof of:

  • The error being something a reasonable medical professional in the same position would not have made;
  • The harm or injury with which you have been left is a result of the misdiagnosis.

If you or a loved one has received a misdiagnosis that has affected your well-being and work-personal life, our Medical Misdiagnosis Lawyers can assist you with exercising your legal rights and options to achieve the best possible outcome.

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, we can give you more information about the claim process and chat with you about the viability of an insurance or compensation claim. We 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, we will also collect employment and income records so that a 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, we’ll 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, we 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, we 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

We 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, we will file proceedings in court to help you get the compensation to which you are entitled according to law.

Who is responsible if I claim medical misdiagnosis?

Medical professionals are bound to provide you with ‘duty of care’ that is exercised through skill set, judgement and reasonable care in the areas of examination, diagnosis, treatment in condition and advice. In the event of a breach, you may be eligible to make a claim against medical providers if there is evidence of harm or injury caused by a medical misdiagnosis.

However, all medical professionals are legally obliged to have Professional Indemnity Insurance (PII) in cases such as negligence or misdiagnosis. Medical professional insurers are liable for the costs of compensation, rather than the medical providers or facilities.

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

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

Medical Misdiagnosis 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.

What sort of damages are payable in medical misdiagnosis 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.

Am I entitled to claim for a misdiagnosis for cancer?

Receiving a misdiagnosis for cancer can be catastrophic to you or a loved one, whether it’s physically, mentally, or financial. You may be entitled to claim for cancer misdiagnosis if the misdiagnose meets any of the following:

Delayed diagnosis: If a medical professional did not notify you or your loved one for early signs of cancer at an adequate time which resulted in delayed treatment.

Incorrect or wrongful cancer diagnosis: If your condition was wrongfully diagnosed as cancer, and as a result underwent unnecessary treatment or therapy. Or if your cancer had been misdiagnosed and a critical window of opportunity to treatment was missed as a result.

Failure to diagnose cancer: If the initial medical professional failed to diagnose your cancer when another medical professional or specialist was able to diagnose and confirm cancer after onset of severe symptoms, indicating advanced stages of your condition.

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

It is essential to always speak to an expert compensation lawyer about your situation. Your financial position should not prevent you from seeking legal advice in regards to your 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 lawyer 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 your lawyer 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.

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 have know 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 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 medical malpractice 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 Misdiagnosis 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.

Common types of medical diagnose claims

Many situations can lead to a misdiagnosis of a disease or condition. Common misdiagnosis claims such as:

Cauda equina.

Skin cancers.

Breast cancers.

Meningitis.

Staph infections.

Fractures.

Tumours.

Bowel cancers.

The CCL method

Our compensation lawyers will quickly review the circumstances of your case to determine your prospects of a successful personal 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. We 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, we 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 fees do you pay a solicitor for medical misdiagnosis claims?

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

    We 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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