WHAT IS MEDICAL NEGLIGENCE?
Medical negligence is when a medical professional does not treat a patient with the proper amount of care, or exercise reasonable medical judgement. If this lack of care results in an injury or death then a medical negligence claim can be made.Contact PK Simpson lawyers today to find out if you have a claim, or to get expert advice.
WHAT IS COVERED BY MEDICAL NEGLIGENCE?
Medical negligence covers treatment received by a patient that showed a less than reasonable level of care, skill and expertise and as a result of that, the patient suffers injuries or loss.
WHAT KINDS OF THINGS ARE CONSIDERED MEDICAL NEGLIGENCE?
Some of the things which may amount to medical negligence are:
- A delayed or wrong diagnosis
- Dental injuries
- A failure to warn or communicate the risks of treatment
- A failure to provide appropriate treatment
- A failure to provide a referral to specialist(s)
- A failure to perform surgery with reasonable care and skill
- A failure to provide post-operative care
- A failure to return test results
- A failure to prescribe the correct medication
- The prescription of an excessive or incorrect dose of medication
- A failure to sterilise/ monitor pregnancy/ monitor birth
At PK Simpson we listen to your individual case, and let know you know if your situation is a cause for a medical negligence claim.
DO I HAVE A MEDICAL NEGLIGENCE CLAIM?
If you are wondering whether or not you have a claim you must be able to prove three things:
- That the treatment you received showed a less than reasonable level of care, skill and expertise;
- That you have suffered some injury or damage;
- That the lack of reasonable care taken was the cause of your injury or damage.
If you are still unsure, or believe you have a claim, contact PK Simpson lawyers.
WHAT SHOULD I DO TO CLAIM MEDICAL NEGLIGENCE?
The first thing you should do if you are considering claiming Medical Negligence compensation is to contact an experienced personal injury lawyer who can guide you through the process, and anything else you will need. There are strict time limits as as to when a medical negligence claim can be made so you need to act as soon as possible.
Often insurance companies and health care providers will offer a severely reduced personal injury settlement to try and avoid the danger of having their licenses revoked as well as the time and cost of a court hearing. PK Simpson lawyers understand that this is a stressful time for you, both physically and emotionally so we will fight to get you the help deserve and the best outcome possible.
HOW DO I PROVE MEDICAL NEGLIGENCE?
PK Simpson lawyers can help you prove medical negligence. We must demonstrate to the court that the health care provider could or should have foreseen that their actions may have resulted in injury. If we can prove a direct link between the error made and the resulting injury then there is sufficient evidence and your medical negligence claim should have reasonable prospects of a successful outcome.
IS THERE ARE TIME LIMIT ON WHEN I CAN MAKE A CLAIM?
There is a time limit on your right to bring a claim in negligence to the courts. It is essential that if you think you have a claim, or have an inquiry that you contact an experienced lawyer as soon as possible. Medical negligence is a very complex area of law, and therefore any potential claim must be investigated thoroughly, so in order to avoid losing your chance to sue for damages contact PK Simpson today.
HOW DO THE COURTS ASSESS THE CLAIM?
The personal injury laws in Australia mean that the courts can assess far more than just the generally accepted practices of the health care providers industry. Your lawyer will need to prove to the courts that the conduct of the health care provider in question did not give the “standard of reasonable care” that is demanded by the medical industry under Australian common law.
For more information on court proceedings or medical negligence claims call PK Simpson today.
WHAT HAPPENS IF I WIN A MEDICAL NEGLIGENCE CLAIM?
If it is proven that your injury was caused by negligence then you may be eligible for financial compensation. Compensation is intended to reimburse you for the cost of your injury and not to punish the negligent party. The amount of money that is awarded in compensation claims is reflective of the level of pain you are in, and the loss you have suffered.
HOW DO I MAKE AN ADDITIONAL CLAIM?
If you have a superannuation fund then you may also be able to claim a lump sum payment through your policy. Most people are unaware that their superannuation fund can provide them with extra benefits. You may also be able to make a claim through your life insurance, income protection insurance, sickness and accident insurance. It is important to contact PK Simpson to ensure you receive the maximum amount of compensation possible.
WHAT IS PUBLIC LIABILITY?
Public and occupiers liability is a complex area of law that covers a wide range of accidents that may have occurred due to another person’s negligence or failure to take reasonable care. If these accidents have occurred on public property then it is considered public liability. If it has occurred on private property, it is occupiers liability.
If you are unsure if you can claim compensation for an injury that you have suffered contact PK Simpson for expert legal advice.
WHAT IS OCCUPIERS LIABILITY?
Public and occupiers liability is a complex area of law that covers a wide range of accidents that may have occurred due to another person’s negligence or failure to take reasonable care.
Occupiers liability is an accident that has occurred on someones premises such as a shop or restaurant.
If the accident occurred on public property then it is considered Public Liability
If you have suffered from an accident then contact PK Simpson lawyers today in order to ensure that you have the best legal representation and advice.
WHAT IS COVERED BY PUBLIC AND OCCUPIERS LIABILITY?
Some examples of accidents that may be covered under Public and Occupiers Liability are:
- Slips and falls at shopping centers and shopping falls, movie cinemas, supermarkets
- Accidents that occur at school, college or university and TAFE
- Sporting or domestic
- Aviation accidents
- Food poisoning
- Animal attacks
- Physical/sexual assault
If you have suffered any of these incidents or accidents then contact PK Simpson Lawyers today in order to ensure that you have the best legal representation and advice.
IS PRODUCT LIABILITY DIFFERENT FROM PUBLIC LIABILITY?
Product liability is a sub category of public liability law which covers any injury sustained as a result of a faulty or unsafe product. In this area it does not matter if you were not the purchaser of the product only that you were a hurt by it as the manufacturer owes you a duty of care. If you believe that you have a claim because of a faulty product then make sure that you contact an expert lawyer to get advice on what steps you need to take to receive compensation.
BETWEEN PUBLIC LIABILITY AND OTHER CLAIM CATEGORIES?
The difference between public and occupiers liability law is very complicated in terms of what is covered and what isn’t. In some cases claims may be made under both categories, this is why it is important to get legal advice before you proceed so that you can get the maximum compensation possible.
For example most road accidents are considered motor vehicle accident claims, but if your accident was caused by a road left in a state of disrepair like a dangerous pothole then you may be eligible to lodge a public and occupiers liability claim. This can also apply to injuries at work that were not the fault of yourself or your employer. In this case the claim can be processed as a public and occupiers liability as well as a Workers Compensation claim.
WHAT SHOULD I DO IF AN ACCIDENT HAS OCCURRED?
If an accident has occurred on public or private property your first priority is to report the accident to the authorities and subsequently get medical attention immediately. If possible you should also alert your health care provider of the circumstances. Your next step should be to contact an experienced lawyer who can advise you and on what you should do in order to make a claim.
WHAT KIND OF EVIDENCE DO I NEED TO COLLECT?
To make a public and occupiers liability claim then as soon as possible you should collect:
- Photographs and diagrams of the location where you were injured
- Photos of your injury
- Witness contact details
- Doctors certificates and reports
- Any extra details that may be useful
For help in gathering all the details you will need, contact PK Simpson to help take some some of the stress away from you in this difficult time.
WHAT AM I ENTITLED TO UNDER A PUBLIC/OCCUPIERS LIABILITY CLAIM?
The amount of Public and Occupiers Liability compensation is different from state to state and the severity of the injury that you have suffered is used as a basis on which the level of compensation is based.
Generally you may be entitled to compensation in the form of:
- Damages for pain and suffering (this can be up to $427,000)
- Past and future medical expenses
- Past and future loss of wages and superannuation payments
- Past and future care that you may require
- Miscellaneous expenses (such as home modifications, and wheelchairs)
HOW LONG WILL IT TAKE TO CLAIM COMPENSATION?
You have 3 years to lodge a claim from the date of your accident. It is important that you contact a solicitor as soon as possible. Any claim brought after 3 years, you will need the court’s permission to proceed.
Once your condition has stabilised you can lodge your claim. This can take anywhere between six to twelve months. It then takes about nine to twelve months for the court to reach a decision regarding public and occupiers liability claims.
PK Simpson can help you settle your matter out of the courts in order to save you time and money. Contact them today.
WHAT INFORMATION SHOULD I TAKE TO MY LAWYER?
To ensure that you have the best possible chance of your claim being approved you should take all of the following information to your lawyer:
- Evidence collected in relation to your injury
- Photographs and diagrams of the accident location
- Documentation between the person or organisation that is involved
- Documented, photographed or x-rayed evidence of your injury
- Your medicare information and any private insurance details
- Contact details for all parties involved (this includes yourself, witnesses, defendants and insurance companies)
WHO CAN CLAIM?
You can claim a lump sum payment for an injury or death from your superannuation fund or a private insurer. If you are unsure about whether or not you can claim a lump sum payment contact PK Simpson today for expert legal advice.
We will help you where ever you are in Australia!
WHAT DO I NEED TO BE ABLE TO CLAIM?
To make a claim you need to have:
- Been working, your employer was paying compulsory superannuation and you suffer any injury or illness that has prevented you from working for 6 consecutive months;
- A person that you are dependent on (like your partner or parent) dies and you wish to claim death benefitsfrom the deceased’s superannuation fund or private insurer;
To find out if you have a claim contact PK Simpson lawyers now to ensure that you get the help you deserve.
WHAT BENEFITS AM I ENTITLED TO?
You can be rewarded a lump sum payment from your superannuation or private insurance fund, although individual policies vary in the level of coverage they provide and therefore the sum you are entitled to can range from $10,000 to $500,000. Overcome waiting periods by contacting us.
Dealing with claims for superannuation or insurance benefits can be complicated and stressful making it a very difficult time. PK Simpson can reduce your stress and make sure that you get the payments that you are entitled to.
WHAT KINDS OF FUNDS/AGENCIES CAN I CLAIM FROM?
You may be able to claim from these funds/agencies:
- Private superannuation fund
- Income protection insurance
- Employment disability insurance
- Life insurance
- Trauma insurance
- Mortgage protection insurance
- Loan protection insurance
- Sickness or accident insurance
DO I NEED TO HAVE A LAWYER?
It is important that you have legal representation as this are of the law is quite complex. Protect yourself and esnure that you contact us at the earliest possible opportunity. PK Simpson can help you become aware of all your benefits, the process for accessing benefits and what to do if you claim is rejected. Claiming from a superannuation fund or private insurer can be complex and stressful. PK Simpson can help reduce your stress and also make sure that you get the best possible result.
HOW DO SUPERANNUATION FUNDS ASSESS THE MATTER?
Superannuation funds generally assess matters internally as well as refer the matter for assessment to their insurer. Both the fund and the insurer have to make a determination on the claim within a reasonable time. Because of PK Simpson’s expertise in compensation law we can ensure that you receive the lump sum payment that you are entitled to.
IS THERE A TIME LIMIT FOR WHEN I CAN CLAIM?
There are time limits within which you must lodge a claim so it is essential that you act as quickly as possible and obtain expert legal advice. If you are sick and stuck at home we can post and email documents to you. It is not essential that we meet face to face. It is very important to act quickly and obtain legal advice because time limits may start to run after you stop working, or after the date that the fund and insurer may have declined your claim. In order to assure that you can receive a lump sum payment call PK Simpson lawyers today.
WHAT CAN I MAKE A CLAIM FOR?
If you have been injured at work you can make a workers comp claim. IF the injury is a serious one, you can also claim under common law. This type of claim is called a Whole Injury Damages Claim (WID) and results in a substantial lump sum payout.
The benefits you will receive are those relating to your medical, hospital and rehab expenses, wages and lump sum compensation, including ‘whole injury damages’ claims for your injury, weekly benefits and property damage expenses.
If you are unable to work a superannuation or total and permanent disability (TPD) claim will be available.
HOW DO I MAKE A CLAIM?
When the injury occurs you should notify your employer and contact us. If you can, when you are being treated you should also obtain a medical certificate from your doctor.
The next steps involve us working with WorkCover Independent Reveiw Office (WIRO) who now oversee all workers compensation claim in NSW.
WHAT CAN I DO ABOUT A PRE-EXISTING INJURY THAT WAS AGGRAVATED AT WORK?
If you have an injury that has been further aggravated contact us to make a claim. It is extremely important to document each stage of your injury and the nature in which it was aggravated.
WHAT COMPENSATION AM I ENTITLED TO?
Workers Compensation benefits iclude:
- lump sum compensation,
- weekly payments (which can be up to 85% of average weekly wage total),
- medical treatment expenses including hospital and rehabilitation
- hospitalisation costs,
- rehabilitation expenses, and
- transportation costs.
The level and amount of compensation you receive is based on the severity of your injury.
CAN I CLAIM COMPENSATION FOR INJURIES SUSTAINED WHEN TRAVELING TO OR FROM WORK??
From 2012 new laws prevented many people making claims for accidents and injuries sustained whilst travelling to work.
Workers who can still make injury claims whilst travelling to and from work are:
- police officers, paramedics and fire fighters
- mining workers injured while working in aor around a coal mine
- bush fire fighter and emergency service volunteers (Rural Fire SErvice, Surf Life Savers, SES volunteers)
- people with a dust disease claim under the Workers Compensation (Dust Disease) Act 1942
- Claims by these exempt workers will continue to be managed and administered as though the June 2012 changes never occurred.
WHAT ARE MY RIGHTS TO WORKERS COMPENSATION?
If you have suffered an injury in the workplace don’t settle out of court with your employer for a token amount of compensation. Medical examinations can reveal more damage then you may have realised. The treatment of this injury can be expensive and inconvenient to you. If it can be proven that your working environment was a significant contributing factor to your injuries you are within your rights to claim compensation from your employer.
I AM A FAMILY MEMBER OF AN INJURED WORKER. WHAT CAN I DO?
The Australian compensation laws allow workers compensation to be claimed by a family member, as long as they are a member of the same primary income household. If you are a concerned family member and want to know what you can do to help or claim on behalf of someone else contact PK Simpson for advice.
WHAT IS THE WORKERS COMPENSATION COMMISSION?
The Workers Compensation Commission was implemented in 2002 and is a independent statutory tribunal within the Justice System of New South Wales. Workers Compensation cases and disputes can now be handled away from the Compensation Court meaning they are resolved quicker.
WHAT DO I DO IF MY EMPLOYER DOESN’T HAVE INSURANCE OR REFUSES TO PAY?
If your employer doesn’t have insurance contact work cover immediately as it is an offence for them to not have an insurance policy. An employers insurance policy protects their workers from harm. If your employer refuses to make payments or has no insurance contact PK Simpson straight away as they can help you solve any dispute with your employer.
WHAT ARE THE POSSIBLE WORKCOVER BENEFITS?
If you have been injured at work you may be entitled to benefits that are paid by workcover all respective of the level of injury you sustained. Expenses covered can be:
- payment of medical expenses
- income loss payments when you are unable to work
- lump sum for any permanent injury
WHAT MEDICAL EXPENSES WILL BE PAID FOR?
WorkCover must pay the costs of:
- Doctors (including specialists),
- Investigative procedures (such as x-rays),
- Chemist expenses,
- Hospital and ambulance bills,
- Therapy approved by your doctor (remedial gym work and swimming),
- Help at home (such as cleaning and lawn mowing),
- Modifications at home (additions of hand rails and ergonomic beds), and
- Reasonable travel expenses that relate to medical treatment.
To claim these expenses speak to PK Simpson today to ensure that you get the help you need.
What is the WorkCover Independent Review Officer?
In June 2012 the WorkCover Independent Review Officer (WIRO) was established. WIRO is responsible for:
- administering the Independent Legal Assistance and Review Service.
- reviewing work capacity decisions by insurers
- encouraging workers compensation claims
ARE LUMP SUM PAYMENTS AVAILABLE?
In certain circumstances, yes. If you unable to work you should contact us to pursue multiple claims.
WILL WORKCOVER PAYMENTS AFFECT MY SUPERANNUATION?
When you are receiving work cover payments your employer is not obliged to continue to add to your superannuation fund, and accepting a superannuation payment can disqualify you from receiving payments for a certain period of time. Make sure that you seek advice from an experienced lawyer before you accept any superannuation payments.
WHAT IS CLASSED AS A “MOTOR VEHICLE” ACCIDENT?
Although the term “motor vehicle accident” generally refers to car accidents. It can also apply to accidents involving public transport vehicles, tractors, forklifts, pedestrians, motor bikes, scooters, push bikes, trams, taxis and various other motorised vehicles.
Our legal experts at P K Simpson & Co can advise you whether your accident falls into the category of a “motor vehicle accident”.
WHAT SHOULD I DO IF I’M IN AN ACCIDENT?
Follow these steps if you are involved in a Motor Vehicle Accident:
- Call 000 if needed. Check if anyone has been injured by the accident; if anyone is hurt call an ambulance and the police immediately.
- Report the accident.
- Exchange contact details. Get the registration number, license number, and insurance detail of the other driver and car.
- Contact us to make a claim. Time limits apply therefore it is best to contact us immediately so we can make sure your claim is on track and you receive maximum compensation.
If someone in the accident has suffered a serious injury make sure you contact a PK Simpson Motor Accident Lawyer to assess your legal position and advise you on your rights and the process you must take to receive Motor Accident Compensation.
WHAT COMPENSATION SHOULD I EXPECT?
If you are injured in a Motor Accident then you will be eligible for monetary compensation. We will get you the best result and maximise your winnings. The amount depends on the severity of your injuries. Our experienced lawyers have dealt with many insurers and have worked on both sides giving us an edge over all other firms.
IS THERE A TIME LIMIT to make a CLAIM?
In New South Wales there are time limits which apply to motor vehicle accident compensation claims.
If you wish to make a claim there are various obligations that must be met to comply with the law. Your most important obligation is that a Personal Injury Claim Form must be lodged on the CTP insurer within 6 months of the accident date. If this time period has already elapsed we one of very few firms who can lodge a late claim on your behalf.
WHAT SHOULD I EXPECT FROM INSURANCE COMPANIES?
Once your claim is lodged with the CTP insurer, the insurer has an obligation to attend to payment of your reasonable and necessary medical expenses as they are incurred.
You will be provided with a claim number which you should give to your medical treatment providers. Your treatment providers will then submit the medical expenses directly to the insurer for their payment approval.
As your claim progresses the insurer will ask for copies of your medical history and possibly other documents. They may also request that you see a doctor for assessment of your injuries. P K Simpson Lawyers will assist you in dealing with the insurance company to ensure that you maximise all of your entitlements.
CAN I MAKE ANY ADDITIONAL CLAIMS?
If you have a superannuation fund and you have sustained a permanent injury and unable to work due to a motor accident, you can receive a lump sum payment through your superannuation policy.
If you have a superannuation fund and you have sustained a permanent injury and suffer an illness which prevents you from working, you can receive a lump sum payment through your superannuation policy. This is known as total and permanent disability (TPD). This entitlement is completely separate to the actual CTP claim and will not effect any entitlement you have to pursue a CTP claim.
Contact our CTP specialist team today on 02 9299 1424 to find out what you are entitled to as a result of your car accident injuries.
Expert lawyers will handle your different claims maximising each claim and making sure no stone is left unturned.