Wound infection following treatment does not necessarily establish any Nursing care negligence. It must be shown – for compensation – that the infection was as a result of neglect, such as sewing up a dirty wound, treating the injury site with a contaminated instrument, or performing surgery without following proper hygiene procedures.

If it can be proven that the medical professional caused the infection through poor treatment standards, then there may be a compensation case for Nursing care negligence.

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.

Nursing care negligence 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.

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.

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.

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

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.

Malpractice in nursing typically refers to harm caused by carelessness or lack of skills and experience, rather than intentional actions. There are different types of negligence in the context of nursing, but all instances must be proven to have fallen below the accepted standard of care for the plaintiff to be awarded damages.

The nurse’s insurer will typically be liable for any compensation awarded to your claim. This means if your claim is successful, your damages will be paid for by an insurance company, rather than the individual nurse.

Depending on the circumstances of your case, the hospital you attended, and other healthcare providers involved with your treatment may also be found liable for your injuries. In some cases, it’s possible to assign liability to several parties.

Choosing to have a medical negligence lawyer manage your claim can significantly improve your chances of being awarded compensation. You don’t need to hire a lawyer, but it’s advisable if you’re trying to minimise the stress involved with claiming compensation.

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.