Medical Negligence

If you have become a victim of medical negligence, AJB Stevens can help you claim the compensation you deserve.

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At AJB Stevens, we’re a dynamic law firm that puts your needs first. We pride ourselves on our personalised and professional service and our compassionate team will develop the best strategy to get you the best results.

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Injuries sustained due to incorrect diagnosis

Failure to Diagnose

Injuries sustained due to failure in medical diagnosis

Failure to Warn of Dangers

Injuries sustained where you have not been warned of procedure dangers

Negligent Procedure

Injuries sustained where an incorrect or negligent procedure has been performed

Can AJB Stevens help me?

1. Have you or a loved one been injured due to incorrect diagnosis or failure to diagnose an injury or disease?
2. Were you or a loved one injured during a medical procedure?
3. As a result of your injuries have you suffered any loss such as pain and suffering or loss of income?

If you have answered yes to any of these three points then you may be entitled to compensation. At AJB Stevens, our lawyers are the experts and industry leaders in medical negligence claims. Contact us today to see how we can help you.

What Can I Claim?

Each medical negligence case is different and unique in its own right. Seeking the help of AJB Stevens will ensure that you receive the compensation and entitlements you deserve to help get your life back on track.

Loss of Income

You could be entitled to compensation for loss of income if you have been unable to work due to injuries sustained.

Hospital Expenses

Seeking compensation can help you pay for hospital expenses gained through your injuries.

Rehabilitation Costs

Compensation can help you pay for any rehabilitation required at the time of your injuries or ongoing rehabilitation costs.

Home Assistance

Medical negligence compensation can help you pay for any home assistance you need, whether that be a cleaner to help around the house or in-home medical assistance.

Pain and Suffering

Compensation can be awarded to help compensate you for any pain and suffering caused as a result of your injuries.

Loss of Life Enjoyment

Compensation for loss of life enjoyment can be awarded due to injuries sustained.

Why Choose Us?

Each medical negligence case is different and unique in its own right. Seeking the help of AJB Stevens will ensure that you receive the compensation and entitlements you deserve to help get your life back on track.

Request a Consultation

Complete our online enquiry form below and speak with an experienced Senior Lawyer today.

Adrian Barakat Lawyer at AJB Stevens

How can we help?

Each Divorce and Separation case is different and unique in its own right. Seeking the help of AJB Stevens will ensure that you receive the compensation and entitlements you deserve to help get your life back on track.

Frequently Asked Questions

What are some common types of Medical Negligence?

Because medical negligence can be a difficult area of law, you may not realise you have been a victim of negligence. The team at AJB Stevens have vast experience with these kinds of cases and can help identify areas of malpractice and negligence. Some common examples of medical negligence and malpractice include:
– Defective medical products
– Surgical errors
– Inadequate postoperative care
– Issues related to anaesthesia
– Nerve injuries sustained during a procedure
– General hospital negligence
– General Practitioner negligence
– Pregnancy, labour and neonatal negligence
– Orthopaedic negligence
– Errors with medication and post-operative medication/prescriptions

What types of medical professionals can be included in a medical negligence claim?

A medical negligence claim can be brought against any professional or hospital that you believe has contributed to or directly caused your suffering or injury. These can include:
– Doctors
– GPs (General Practitioners)
– Surgeons
– Orthopaedic Surgeons
– Nurses
– Dentists
– Radiologists
– Midwives
– Pharmacists
– Public and private hospitals
– Allied healthcare professionals (e.g.: chiropractors, physiotherapists, etc.)

What is required to bring a medical insurance claim?

Laws vary between states and territories in Australia. In most cases, three key things must be able to be proven in order to receive compensation:
– The medical professional or hospital’s treatment did not meet Australian standards
– The poor treatment had an injury or undue suffering as a result
– The harm (physical/psychological) was directly caused by negligence

There are strict thresholds in Australia for medical negligence cases that set out how significant your injury must be in order to submit a claim. As your lawyers, AJB Stevens can advise on what this means to you once we have a full understanding of your unique situation.

How do I know if I have a claim?

If you have been injured by a medical facility or practitioner, you may be able to receive compensation. You can potentially take legal action if there has been a failure to:
– Timely diagnose a condition (or if there was a misdiagnosis)
– Treat your condition or refer you to a specialist
– Use reasonable skill/care to perform a medical procedure
– Monitor your condition
– Advise on risks associated with a medical procedure
– Provide post-operative care at an adequate level

How can I prove my case?

To prove your negligence case, you will need to show evidence that the treatment fell below the Australian standard of care reasonably expected from a medical professional.

If the practitioner or hospital in question acted in a way that would be considered acceptable in the opinion of a large number of respected practitioners in the same field, you may not have a claim. However, we would begin by assessing your situation and organising appointments with professionals who can assess your injury and its root cause.

Do time limits apply to medical negligence compensation claims?

In most cases, a three-year time limit applies to medical negligence and medical malpractice claims. However, it is important that you seek legal advice as soon as possible to ensure that all deadlines are met. Working with AJB Stevens will ensure that anything time sensitive is immediately dealt with and your personal injury claim is lodged appropriately.

What can I claim compensation for?

The compensation entitlements you can claim is dependant on your case. No two cases are the same. Once your AJB Stevens medical negligence compensation expert has assessed your situation they will be able to advise all of the entitlements you can claim. Generally, in most cases, you can claim for:
– Loss of income
– Hospital expenses
– Rehabilitation Costs
– Home Assistance
– Pain/Suffering
– Loss of Life Enjoyment

How much can I claim?

Each claim is unique, and therefore there is no standard claim payout. It’s impossible to guess how much compensation you may receive at the outset of a claim. However, once evidence is gathered, your lawyer will have a better idea of the amount of compensation you can expect.

Who pays for my compensation?

In Australia, all medical practitioners are required to have PII (Professional Indemnity Insurance) by law. In the event of an accident or injury, the insurance company pays the compensation, not the actual person who may have performed the medical negligence.

What is the process when you make a claim with AJB Stevens?

We work hard to ensure the medical negligence compensation claim process is easy. Our top lawyers will assess your situation to ensure that you have a solid case. From there, we look further into the situation that caused your injuries, taking care to ensure we gather all the information we need. Once we have that information, we will work to seek compensation through negotiations either with insurance companies or persons at fault. If negotiations do not work then we will take your claim to Court and guide you through the Court process.

How long does it take to process a claim?

This all depends on your case. Compensation claims can take anywhere from one to three years. However, the process may take longer depending on:

– Any injuries that have not yet been stabilised and maintained.
– Negotiation difficulties
– Delays in Court if your case reaches that point

Your appointed AJB Stevens lawyer will be able to give you an estimate of how long things will take to progress and for you to receive entitlements, always making sure you are updated with any changes.

How much does it cost to make a medical negligence compensation claim?

At AJB Stevens, we understand that many Australians may not seek legal help for compensation cases as they believe the cost to be too much. This is why we always stand by our No Win No Fee claim. This means that if we don’t win your medical negligence compensation case you don’t pay our legal fees.

This policy backs our claim that we believe every Australian deserves the right to legal representation when they need it most, regardless of financial situation.

In some cases, we can introduce a funder to ensure that you still have access to legal services.

What can I do to assist my lawyer with making a medical negligence claim?

Begin by gathering all relevant information and documentation related to your claim. The more information you can provide, the more we will be able to assess your claim and assist your case. We may advise that you see a professional expert as well and may ask that you share information with them as well during your assessment.

If you are unable to provide documentation, the professional expert will still do their best to address your concerns based on any other information we can give them.

Can I represent myself if I make a medical negligence claim?

You can always represent yourself during a medical negligence claim. However, the law surrounding medical negligence is complicated. This is further complicated by the hard truth that medicine itself is a difficult practice, and medical providers can’t be expected to be perfect. Sometimes treatment is unsuccessful or results in injury, but this is not sufficient evidence to bring about a medical negligence claim. You will need to prove your treatment was more than a reasonable mistake.

That’s why it’s important to talk to professionals who understand the complexities of the law in relation to the medical profession. If you think you’ve experienced medical negligence, contact us today and we can help you better understand the process and advise you on your options.

Do you only handle medical negligence cases?

No. AJB Stevens handles a variety of legal disputes, including will & estate disputes, criminal law, compensation, and family law. If you have a case that involves any of these areas, we’re happy to hear your story and help advise you on next steps.

When you’re ready to talk, we’re ready to listen. To learn more about medical negligence and how we can help you, contact the team at AJB Stevens.

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Adrian Barakat Lawyer at AJB Stevens

Small enough to care, big enough to fight

We pride ourselves on personalised and professional services to protect your rights. Our focus is your case and how we will win.

male lawyer image at AJB Stevens Lawyer

Small enough to care, big enough to fight

We pride ourselves on personalised and professional services to protect your rights. Our focus is your case and how we will win.