If you have sustained a personal injury because of substandard medical treatment or lack of appropriate medical treatment, then you may be entitled to claim for compensation. Our expert Medical Negligence and Medical Malpractice Lawyers will be able to provide advice and support you during a difficult time.
Health care providers such as Doctors, Hospitals and Chiropractors have a legal duty to take reasonable care for the safety and wellbeing of their patients. Occasionally personal injuries do occur due to complications or risks but pursuing a personal injury claim is only possible if the health care provider has breached their duty of care by failing to adhere to the standards of their profession.
At Revolution Law we are proud to have Senior Lawyer Olamide Kowalik managing all medical negligence personal injury claims. Olamide is an expert medical negligence and malpractice lawyer who previously worked for one of Australia’s biggest law firms where she represented in some of the most significant and complex medical personal injury cases in QLD. Olamide Kowalik is recognised on the Doyle’s List of Leading Medical Negligence Compensation Lawyers for Queensland. The Doyle’s list is a prestigious achievement recognising the expertise and skills of a lawyer within their field of practice.
Due to the complexities of medical negligence claims it is important to have legal representation that is confident and capable of managing these claims in an expert manner to ensure the best possible outcome. Not all personal injury lawyers necessarily have the knowledge and skill set that is required to efficiently run medical negligence claims to a high standard. With Olamide’s recognised experience you can feel assured that your matter is in capable hands
If you would like free initial advice, then you can request a call back from Olamide Kowalik via the online submission form or alternatively contact Revolution Law on 3416 4999.
Types of Medical Negligence Injury Claims.
- Birth Injury Claims
- Brain Injury Claims
- Spinal Injury Claims
- Plastic Surgery Claims
- Cosmetic Surgery Claims
- Misdiagnosis Claims
- Medication Error Claims
- Surgical error claims
- Failure to Warn Claims
- Obstetric Claims
- Gynaecological Claims
- Anaesthetic Claims
- Gastric Band Claims
- Testicular Claims
- General Surgery Claims
- Urological Claims
- Infection Management Claims
- Cauda Equina Syndrome Claims
- Dental Claims
- Orthopaedic Injury Claims
- Optometric Claims
- Death Claims
Frequently Asked Questions About Medical Negligence Claims
Here are some of our most commonly asked questions when it comes to claims for Medical Negligence. If you have a question which hasn’t been answered here, please don’t hesitate to contact us.
How much compensation can I receive for a medical injury claim?
Every medical negligence injury compensation claim is different and is assessed individually. It is difficult to estimate a compensation figure until all the evidence has been gathered and the extent of the injury has been established. A lot can change throughout the course of the claim which can have either positive or negative impacts on the end compensation result. The unknown of what is to come makes it impossible for any Medical Negligence Lawyer to give an estimate of compensation. Any personal injury lawyer that does provide you with a figure is speaking speculatively and potentially just telling you what you want to hear so you agree to them managing your matter.
What are the heads of damage considered in a medical negligence claim?
There are five main heads of damages which are considered for personal injuries that have occurred because of a health providers medical negligence. These heads of damages bear a different weight of worth in regard to compensation. A capable medical negligence lawyer will know how to manage your claim and condense your evidence to obtain the maximum amount of compensation for each head of damage.
- Loss or reduction of income because of inability or reduced ability to work;
- Pain and suffering;
- Treatment and rehabilitation;
- The need for someone to provide care in the home or in the community; and
- Out of pocket expenses both for now and in the future.
I am the passenger that has been injured. Can I make a compensation claim?
If you have been injured in a car accident and you were the passenger, you can make a claim for personal injury. This claim will not be against the driver of the vehicle; it will be against the driver’s CTP insurance. CTP insurance is in place to protect any person injured as a result of an incident, whether they are a passenger, a driver or passenger in another vehicle, or a pedestrian.
How much will my legal fees be?
Due to the nature of Medical Negligence claims, it can be difficult to establish exactly what your legal fees will be at the beginning of a claim because a variety of factors will come into play.
No matter the law firm, all personal injury No Win-No Fee arrangements are subject to the 50/50 rule. This rule stipulates that the maximum fee that a law firm can charge including GST is 50% of the settlement amount after refunds and outlays have been deducted. This does not automatically mean we will take 50% of your settlement, but it does put a cap on what we can, which prevents rogue law firms from putting clients in a position where they are worse off after making a claim.
In comparison to other big name personal injury law firms, at Revolution Law, our lawyers’ and legal staff hourly rates are significantly lower. Further to this, we have excellent systems in place to ensure that our lawyers and team are always working efficiently.
Our fee policy also guarantees no uplift fee. Many of our competitors charge an additional 25% uplift fee on the successful completion of a claim, simply for taking the financial risk on your matter. We don’t charge this additional fee because we are in the business of winning and we are confident in our expertise as personal injury lawyers.
Our No Win-No Fee policy is of zero risk to our clients. If we don’t win your matter, then you get to walk away from the claim with zero strings attached. If we have paid for any outlays such as medical appointments and reports on your behalf, then you do not need to worry about reimbursing us. Zero risk – the way it should be.
Can I represent myself in a medical compensation claim?
Claimants can self-represent in Medical Negligence claims. However, without a comprehensive understanding of the law, detailed knowledge on how to run a medical negligence claim, know how on how to correctly gather and document evidence for each of the heads of damage, and the capability of expertly managing an insurers expectations then self-representation can lead to some serious consequences including no or minimal compensation being awarded.
Even if the claim has been expertly put together by someone who is self-representing, it is well known that insurers will offer low compensation amounts as self-litigants do not pose the threat of further legal action.
After legal fees have been deducted from the final compensation amount we are confident our clients will still have a better in hand compensation figure than if they attempt to represent themselves.
How long does it take for a Medical Negligence claim to settle?
A compensation claim for a Medical Negligence claims on average takes between 18 months to 30 months. In some cases, claims have settled earlier, and at other times it has taken longer.
A claimant’s matter cannot be finalised until they have physically and mentally returned to a stable and stationary position after their accident. This period of recovery is one of the biggest determiners of the length of the claim, as many clients will often obtain treatment or rehabilitation such as physiotherapy to assist in their recovery.
Throughout the claim process, we will keep you updated and informed of the progression of your case.