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Personal Injury Claims: Expectations vs Reality Ticking the Right Boxes

2022-06-17T17:08:49+10:0017/06/2022|Injury|

Personal Injury Claims: Expectations vs Reality

True Story. It was bucketing rain with flooding everywhere, saturating the ground and overflowing the rivers. A phone call comes into our office. A young person has just purchased takeaway food at a local Multinational Fast Food Outlet. She walked outside, slipped on the wet path, and fell, hurting her wrist. She rang us hoping for a significant compensation payout.

We asked the questions to tick the boxes:

  1. Have you been to the doctor or hospital?
  2. Are you employed, and will this injury stop you from working?
  3. Will this injury impact your life long-term?
  4. Was there anything that this place could have done to prevent your accident?
  5. The accident has happened anywhere in Queensland.

In this particular personal injury claim she had not seen a doctor (and did not intend to). She was unemployed, so the sore wrist would not impact income earnings. And with the heavy rain falling over the suburb, causing wet surfaces everywhere, there was nothing the Fast Food Giant could have done to prevent the fall.

To make any personal injury claims

  • There must be an insurer of the premises or facility you had the accident at.
  • There needs to be fault by the owners or occupiers of the premises. They should have / could have done something reasonable or within their duties to prevent your accident.
  • The injury has caused loss to you. It might be a loss of wages, employment or lifestyle.

We are not the lawyer for you if you want to scam an insurance company.

But we know accidents happen, and if they do, we can step in and advocate for you whilst you return to the best version of yourself. Some injuries cause permanent damage, and other injuries can eventually repair with surgery, medication, physiotherapy, counselling and other treatments over time. Whatever type of injury you have had, we are in this for the long haul with you and for you.

If you have had an accident, give us a ring, and we will chat. There are time limitations in making a personal injury claim so don’t hesitate too long!

Contact Us

Why medication errors happen and what they can do

2022-06-06T09:51:13+10:0020/04/2022|Medical, Uncategorized|

Medication Errors: Why They Happen And What You Can Do

Modern medicine has been a revolution across the world. Improving the health and lifespan of our population gives us all a chance to live longer, happier lives. The medications that some of us take are critical to those health improvements, but they can also cause serious injury if they are administered incorrectly. Australia sees about 230,000 hospitalisations each year due to medication errors. That is not only expensive for our system, it shows that errors are still a common occurrence in modern healthcare. If you or a loved one has suffered from a medication error, we want to look at what you should do to seek compensation.

What is a Medication Error?

Medication errors are the result of patients being given the wrong medication or the incorrect dose of a drug. In some cases, medication errors can also include having a drug administered at the wrong time of day. However they occur, medication errors have the potential to do serious damage to your health, causing issues like:

  • Dangerous overdoses
  • Harmful drug interactions
  • Issues with pregnancies causing harm to unborn babies
  • Issues and injuries resulting from the improper management of chronic illnesses
  • Damage to your body and organs

 

How do Medication Errors Occur?

While doctors and medical practitioners go to great lengths to ensure their patients receive the proper treatment, mistakes still happen. A 1995 study from Harvard University found that nurses intercepted approximately 86% of all medication errors in hospitals, but they are unable to prevent them entirely. Some of the most common sources of medication errors are:

  • Healthcare providers. Doctors, nurses and pharmacists may all play a role in administering medication. In most cases, errors are detected and prevented. But, due to factors like misdiagnoses, misdosage, dispensing errors and common mistakes, healthcare professionals can be responsible for medication errors.
  • Patients. Patients can often be the cause of their own errors. Where dosage and timing information is communicated poorly, or if there are language and understanding barriers, patients may take the wrong medication or the wrong doses.
  • Pharmacy. Many medications feature similar labelling and designs, increasing the risk of common errors by the dispensing pharmacist. In most cases, pharmacies have checks in place to prevent errors, but issues may still occur.
  • Dosing problems. Children and some adults can be harmed by incorrect doses that are unsuitable for their size or age group.

 

Preventing Medication Errors

Your doctor and pharmacist will do their best to ensure the medication you receive is safe and appropriate for your condition. But patients should look after their own health too. We should all make an effort to stay on top of our own medications and the medications of loved ones. Be sure that you have all the information you need, including the name of the medication, the prescribed dose, how long you should be taking the medicine and what to do if you miss a dose. Always administer medications exactly as prescribed by the doctor, and be sure to check the box for proper storage instructions.

If you are ever concerned about a prescription, dosage or the side effects you are experiencing, contact your doctor as soon as possible. Medication errors can have serious consequences and you may require immediate attention.

 

Can I Claim Compensation for a Medication Error?

Yes, in some cases you may have a medical negligence claim for medication errors. To make a claim against your doctor or a healthcare practitioner, you need to show:

  • That your treatment did not meet reasonable Australian standards, and;
  • That your treatment resulted in some physical or psychological harm or injury, and;
  • That the harm you suffered as a direct result of your doctor’s negligence.

In Queensland, there is a 3-year time limit to claim compensation from a doctor. The time limit begins from the date of the medication error, or, in some cases, it may begin from the date the error or its effects were discovered. If you have been affected by a medication error then it is important to seek legal advice as soon as possible.

Have You Suffered From a Medication Error? Contact Your Revolution Lawyer Today

While modern medications are a miracle for many, errors can cause significant physical, psychological and financial harm. If you have been affected by a medication error, it is important to seek legal advice as soon as possible. Claiming compensation for medical negligence can be a complex process. Your local Revolution Lawyer will be able to assess your case and determine whether you are entitled to make a claim against your doctor or healthcare provider. We will do the hard work of making sure you have access to the records and professional testimony you need to pursue your medical negligence claim. Speak to your Revolution Law team today for expert advice on medication errors.

Time limitations on injury compensation claims

2022-06-06T09:49:38+10:0020/04/2022|Injury, Uncategorized|

Time Limitations On Injury Compensation Claims

The injuries you suffer can have a dramatic effect on your life. Personal injuries have the potential to impact your family, work and burden you with large medical expenses. The good news is that you may be entitled to make a personal injury claim against the person or organisation responsible for your injury. 

 

When you make a claim for an injury that occurs at work, in public or while driving, you can seek money to cover the value of your damages. In most cases, this means you can claim compensation for things like medical expenses and lost wages, but in cases of severe injury, you may also be able to claim damages to cover undue psychological suffering. The severity of your injury and the setting where it occurs will have an impact on the claim you can make, especially in the form of time limits. In this blog, we will cover how much time you have from the date of your injury to lodge and resolve any claims you need to make.

 

Workers’ Compensation Claims Time Limits

If you are injured at work, then you may lodge a claim with WorkCover Queensland within 6 months of the injury occurring. Queensland’s Workers’ Compensation system has a ‘no fault’ scheme that means you are entitled to apply for compensation, regardless of who caused your injury. The 6-month time limit may be waived by WorkCover in special circumstances, such as:

  • Where a WorkCover medical tribunal decides that your case involves special circumstances of a medical nature.
  • Where WorkCover is satisfied that your failure to lodge a claim was due to a mistake, your absence from Queensland or for some other reasonable cause.

 

Public Liability Claims Time Limits

When your injury occurs in a public place and is due to someone else’s negligence, you must lodge and resolve your public liability claim within 3 years of the injury occurring. Despite the name, public liability claims also cover injuries that occur in private places, such as at sporting fields and shopping centres. Public liability claims are often lodged for the typical slips and falls but may also cover more unusual injuries such as food poisoning.

The most common types of public liability claims in Queensland include:

  • Injuries at parks, leisure centres or other public places
  • Injuries at rental properties
  • Injuries on private properties such as shopping centres
  • Injuries at schools and universities

Proving your public liability claim will usually include showing that the owner of a property owed you a duty of care and that they failed to meet an appropriate standard of care.

 

Motor Vehicle Claims Time Limits

Car accidents are an unfortunate reality of driving on Brisbane’s roads. If you are injured in a car accident, you can claim a personal injury within 3 years of sustaining the injury. Due to the severity of car accidents, it is important to seek legal advice as soon as possible. Minor injuries can worsen significantly over time, and if you miss the 3-year window to lodge your claim, you may not be able to claim any damages at all. Some types of injury also have much shorter limitations placed on them, so speak to your Revolution Lawyer as soon as possible.

 

What Happens if I Miss the Time Limit on a Claim?

Depending on where and how your injury occurred, you may still be able to make a claim after the nominal time limit has expired. These extensions are usually only granted in exceptional circumstances and are at the full discretion of the court. If you suffer a personal injury at work, in public, while driving your car, or at any other time, it is important you seek legal advice as soon as possible.

 

Do You Have a Personal Injury Claim? Revolution Law Can Help

Injuries can have a major impact, but lodging a personal injury claim can help you manage the difficulties and keep your life on track. Due to the complex nature of personal injury matters, it is important that you seek legal advice as soon as you can. Any claims you need to make will be subject to a time limit, and courts are not always able to grant extensions if the limit has expired.

Speak to Revolution Law about any work-related or personal injuries, and let our team provide the help and support you need. We will assess your case and determine whether you have a viable claim, and then walk you through the process of correctly recording and lodging your claim. Get in touch with us today and let your Revolution Lawyer help you work towards the best possible outcome for your situation.

When are you too old to drive in Australia?

2022-06-06T09:51:38+10:0020/04/2022|Civil, Uncategorized|

When Are You Too Old to Drive?

Australia is a large country, and most of us rely on our cars to get where we need to go. Having a driver’s licence is key to the independence that many of us enjoy. However, spending time behind the wheel comes with increased risks as we age. The effects of ageing can have a marked impact on your ability to drive safely, which is why each Australian state has introduced laws that govern whether elderly drivers are too old to remain on the road. This blog will address the issues encountered by ageing drivers and the obligations of elderly drivers in each Australian state.

 

How Ageing Affects Driving

Ageing is a natural part of life. While it can be an inconvenience to give up the independence of driving, older drivers should be mindful of whether their age affects their skill behind the wheel. Many normal changes associated with ageing can impact driving ability, including reduced vision, hearing and flexibility. Additionally, our bodies become more frail and prone to injury. These combined factors lead to the research, which shows that drivers aged 70 and up are overrepresented in road fatalities. Despite making up just 13% of the driving population, people over 70 account for 23% of all road fatalities and 13% of serious injuries. While older drivers understand their limits and are involved in fewer accidents, those crashes are usually of greater severity.

 

Do Medications Affect Driving?

Although simple ageing can affect driving, some medications are also known to impair driving ability and put road users at risk. Older Australians tend to take more medications because they often have more than one chronic disorder, such as diabetes, high blood pressure or arthritis. Among older adults, 90% regularly take at least 1 prescription drug, 80% take at least 2, and 36% take 5 or more medications.

In most cases, these medications allow older Australians to live longer, more comfortable lives. But, some common medications may also have an adverse effect on driving ability. Drugs that impair driving ability include:

  • Sleeping pills
  • Opioid painkillers
  • Blood pressure and nausea medicines
  • Anti-inflammatories
  • Antidepressants (often used to treat bladder problems or recurring pain)

 

When is Too Old to Drive?

All Australian states have now introduced different controls to closely encourage older drivers to monitor their health and driving ability. Depending on where you live, the rules vary:

  • In Queensland, drivers aged 75 and over must carry a valid medical certificate that demonstrates their fitness to drive. Certificates are issued by doctors and are valid for 13 months.
  • In New South Wales, drivers aged 75 and over require an annual medical assessment. Drivers aged 85 and over must pass a practical exam every 2 years to keep an unrestricted licence.
  • In Victoria, there is no requirement for senior drivers to undergo a medical assessment. If a driver develops a medical condition, they may need a medical review to continue driving.
  • In the ACT, drivers aged 75 and over need an annual medical assessment.
  • In South Australia, drivers aged 75 and over must fill out annual self-assessment Medical Fitness to Drive forms. Drivers must consult their doctor if they answer yes to any of the questions on the form.
  • In Western Australia, drivers aged 80 and over must undergo an annual medical assessment to renew their licence. If their doctor recommends it, the driver may need to pass a practical driving exam.
  • In Tasmania and Northern Territory, there is no age limit for driving or medical fitness exams. Instead, all drivers are legally obligated to report medical conditions that affect their driving ability.

 

Have You Been Involved in a Car Accident? Speak to Your Local Revolution Law Team Today

Whether you are a young driver just getting started or an older Australian still enjoying Brisbane’s roads, it is essential to seek professional advice if you are involved in a car accident. If you have been in a collision on our roads, your local Revolution Law lawyer can provide the support and advice you need.

Your lawyer will review the details of the incident and ensure that it is correctly reported to authorities and insurance companies. This will help avoid unnecessary complications down the track, so you can recover, get back on the road sooner and get on with your life!

Revolution Lawyers can also help you lodge and navigate the process of making a motor vehicle claim. Feel free to get in touch with your local Revolution Lawyer at any time for a chat about your claim. Call, email, or the team can come to you.

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