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Doyles Recommended Medical Negligence Lawyer

2022-06-28T17:01:22+10:0030/12/2018|Medical|

Doyles Recommended Medical Negligence Lawyer

Once again Senior Personal Injury Lawyer Olamide Kowalik has been recognised by the Doyles Guide to be a recommended plaintiff-focused ‘Queensland Medical Negligence & Malpractice Compensation Lawyer’. Olamide heads up the medical negligence compensation team at Revolution Law and it is a privilege to have such a competent justice fighter whose legal expertise and abilities has been recognised by the state’s defendant insurance lawyers.

Medical Negligence Claims are notoriously difficult and complicated. Such a claim can be made when a medical provider breaches their duty of care which then consequently causes damage or injury to the patient. This negligence may look like:

  • Failure to diagnose a condition
  • Supplying the wrong medication
  • Dismissing symptoms or overlooking them
  • Not warning about a treatment risk
  • Surgical error

Due to the complexity of these claims and the time limits that restrict when you can make these claims, it is important to get quality legal advice about whether this form of a compensation claim is an available and good option for you.  The amount of money that your claim is worth is based on the seriousness of your injury or disabilities that you have attained because of the medical provider’s negligence. Olamide has extensive experience in assessing claims in their preliminary stages and determining if making a medical negligence claim is in the best interest of her clients or whether the alternative of making a formal complaint to the medical board is more suitable.

Explore your case with Olamide Kowalik today with a free initial phone consultation.  Call Olamide at Revolution Law on 07 3416 4999.

Lump Sum Offer WorkCover Claim. To Accept or Reject.

2022-06-28T17:03:58+10:0013/09/2018|Workers Rights|

Lump Sum Offer WorkCover Claim. To Accept or Reject.

Do not accept your offer until you have spoken to one of our Lawyers

There is no point taking a risk on your future when you can get free legal advice from an expert. We will explain your risks, your options and you entitlement. If it’s in your best interest, we will act. If not then we will let you know. If we further investigate your matter for you, then no matter what happens if you do accept WorkCover’s Lump Sum offer it will always be 100% yours.

Be Careful: Other law firms may take 50% of your Lump Sum Offer.

We thought that clients getting 100% of the WorkCover statutory claim lump sum offer was normal. Turn’s out that other firms charge to investigate claims even if the client doesn’t want to proceed onto a common law claim. We were appalled when a distressed man rung our firm explaining that he was going to lose half of his ump sum offer to a personal injury firm. He didn’t want to proceed with a common law claim, but faced with losing 50% of his lump sum offer he felt rapped. If had been our client we would have investigated his claim for free meaning his lump sum offer would have remained entirely his.

Degree of Permanent Impairment and Your Lump Sum Offer. 

Before you get given your lump sum offer you must have an assessment for you Degree of Permanent Impairment (DPI). Your DPI will range between 0-100. Your DPI will determine you lump sum offer. If you don’t agree with your DPI then you should respond within 20 business days to appeal the assessment however you should contact our lawyers first before doing so. If you decide to ignore the DI to proceed with the Common Law claim when your employer has been negligent which contributed or caused your injury to occur then don’t stress, you can ignore the lump sum offer based on the DPI and come back to offer after the 20 days as the offer will simply defer.

WorkCover and the self insurers often make it appear that if you don’t accept the lump sum offer based on the DPI then it will expire but this is simply not the case!

Using you DPI to Calculate your Lump Sum Offer. 

The maximum statutory compensation for degrees of impairment which are under 30% is $307,385. The lump sum offer for your DPI is calculated by multiplying the maximum statutory compensation by your degree of permanent impairment.

DPI of 1%: $307,385 x 1% = $3,073.85
DPI of 2%: $307,385 x 2% = $6,147.70
DPI of 3%: $307,385 x 3% = $9,221.50
The WorkCover Statutory Process
A flow chat that shows the workcover statutory process

Your Three Options when Finalising Statutory Claim

  1. DPI less then 20% accept lump sum offer and finalise your Claim (You should speak to our Lawyers before accepting)
  2. DPI more than 20% accept lump sum offer and also run a common law claim
  3. DPI less then 20% reject lump sum offer and run a common law claim (although there are appeal options to appeal the DPI, our Lawyers would advise whether this is suitable or whether it is better to proceed straight to the Common Law claim)
Common Law Claim Compensation Result versus Statutory Lump Sum Offer
In short, a common law claims allows you to claim compensation for other heads of damages which are not taken into account with the statutory lump sum offer.Take into consideration the matter of Mills v BHP Coal Pty Ltd (2017) from the Supreme Court of Rockhampton. Frank Mills, the Plaintiff claimed compensation for injuries that he obtained in October 2014 during his employment with the Defendant, BHP.  The injuries occurred when he attempted to open a stuck butterfly valve on a vacuum pump. His injuries included damage to his cervical spine and right rotator cuff.In this matter Frank Mill’s was assessed with a 12% DPI. Should he have finalised his statutory claim by accepting  the lump sum offer he would have received only $36,886.20 for his serious injuries.Instead Frank proceeded with a common law claim and consequently other heads of damages were taken into consideration. This table outlines the heads of damage which saw Frank receive a total of $1,013,131.89 gross in damages.So what are you waiting for? Book your free consultation today via the online form or by calling our office on 07 3416 4999.

Back Injury Workers Compensation

2022-06-28T17:06:30+10:0003/08/2018|Workers Rights|

Back Injury Workers Compensation

A back injury is not only painful it can have drastic impacts on the quality of your life. Such injuries can impact your workplace productivity and future employment capabilities and prospects. Back injuries can include but are not limited to sprains and strains, bulging discs, slipped discs, fractured vertebrae, tailbone injuries and whiplash.

Most commonly back injuries occur at work due to:

  • Insufficient training
  • Improper lifting techniques
  • Lifting of heavy loads
  • Cutting corners due to time constraints
  • Overexertion from lifting, carrying and throwing

If you have obtained a back injury at work and you are seeking compensation then speak to one of our lawyers today for no cost and with no pressure to quickly obtain the legal advice you need in determining whether or not you have a worker’s compensation claim.  Get in touch on 3416 4999, if you want to speak directly to the owner of the firm ask for Ryan.

What to do if you have injured your back at work? 

The initial step is to report your back injury to your immediate supervisor, this may be owner of the business or a manager. 

You may be required to fill out an incident report at work. If your back injury is severe, then medical attention and treatment are your first priority.

For all non-severe injuries, don’t just try and ‘tough it out’ – it is always important to seek a medical opinion to see if there are any options to speed up your recovery. Also, by not reporting your injury to a medical professional, you are essentially hindering any potential work injury claim.

While you are seeking medical advice, make sure you obtain a workers’ compensation medical certificate should you require any time off work to seek treatment or to just recover. WorkCover Queensland will reimburse you for lost wages if you are concerned about taking time off for this reason.

Your next step is to inform your employer and provide them with a copy of the medical certificate. After you have done this, lodge your claim with WorkCover or self-insurer. At this stage, we can sit down for an obligation-free and zero cost meeting at our local Logan office, or we can drive to you whether you live in Brisbane, the Gold Coast, Ipswich or elsewhere in Queensland. The purpose of this meeting will be to provide you with a detailed explanation of the process of a WorkCover claim, the best way to approach your potential work injury claim and explain what your options are going forward.

What is the WorkCover Claim Process?

A flow chat that shows the workcover statutory process

How to lodge a WorkCover Claim?

If you are injured while you are at work, then you are entitled to access benefits from WorkCover Queensland or from your employer’s self-insurer. It is important to lodge your claim as soon as possible with WorkCover Queensland or the self-insurer as to access these benefits, your claim will need to be approved. You can lodge your claim here: https://ols.workcoverqld.com.au/ols/public/claim/lodgement.wc

How can a claim help you in the future?

As outlined below you will have access to immediate benefits during the statutory phase of your WorkCover claim. Once your initial claim has been finalised we can assist you with the second claim which is called the Common law claim.  With this claim, you may be entitled to a lump sum settlement offer to compensate you for future loss of income, pain and suffering, future medical expenses etc.

Immediate Beneits you can receive from WorkCover include:
  • Weekly compensation for lost wages

If you need to take some time off work due to an injury that you have sustained at work, then WorkCover will calculate the amount of weekly compensation you will receive based on the Workers’ Compensation and Rehabilitation Act 2003 and pay it directly into your bank account. The level of compensation that you will receive will depend on many factors but generally speaking, if you have been injured after 2008, then WorkCover QLD may cover up to 85% of your wages for up to 26 weeks before lowering that compensation amount down to either 70% or 75% for an additional 78 weeks.

  • Surgical and hospital expenses

If you have sustained an injury at work and you require non-elective surgery, then WorkCover may cover your hospital costs for up to four days. If it is elective surgery involving a procedure that is determined as appropriate for the injury by a medical specialist, then WorkCover may cover costs, but it is important that WorkCover approves the operation as a course of treatment before undergoing any elective surgeries.

  • Medicines essential for recovery

Should you require pain relief or prescription drugs, then WorkCover will pay for those expenses.

  • Rehabilitation treatment and equipment

You may need to seek rehabilitation treatment such as physiotherapy or buy equipment such as crutches to help support your recovery. Any rehabilitation treatment or equipment you require needs to be reasonable and relevant to your injury. It is important that when attending treatment, you are seeing a registered practitioner otherwise the expense will not be covered. Most of the time WorkCover can be charged directly, however, if you make an out-of-pocket payment then ensure that you keep the receipt so that WorkCover can reimburse you.

  • Travelling expenses for medical treatment, rehabilitation etc

WorkCover may pay for any necessary and reasonable travel expenses that you incur to obtain medical treatment or attend medical appointments.

What are our tips?

  • Document everything. The claims process is 12-18 months and it is likely you will forget helpful evidence and information without documenting it.
  • Visit your Doctor. It is not enough to say you are injured. You need to evidence your injury. Your medical records will be accessed regarding your injury so it is important that you have the independent doctor outlining your injury and assisting you in the recovery process.
  • Access rehabilitation. It will assist in your recovery.
  • Get in touch with us and let us help you.

What can you do to support your recovery?

  • Ice – Applying an ice pack to the sore area of your neck or back can reduce the severity of the pain for some people.
  • Heat – Exposing your back to moist heat via a hot shower or with a moist towel heated in the microwave may give you some pain relief.
  • Massage – If your back is spasming then massaging it can be helpful after you have used heat or ice on your back. Be gentle when applying pressure to your back. ion
  • Physiotherapy – Physiotherapists can determine injury severity, assess joint movement, provide strengthening and stretching exercises and identify limitations and make recommendations for day to day activities.

What is Whiplash?

2022-06-28T17:09:31+10:0025/07/2018|Injury, Motor Vehicle|

What is Whiplash?

Whiplash is a non-medical term used to describe neck pain which has resulted from a soft tissue injury to the neck. It is a common injury that is caused by a traumatic incident such as a rear end car accident, where in the neck is extended beyond its typical range of motion causing an abrupt forward backward movement to the spine. This form of injury can cause significant pain and disability.

Whiplash Symptoms and Diagnosis

Symptoms of whiplash can include neck pain and stiffness, spasms, headaches, shoulder pain and stiffness, jaw pain, ringing in the ear, backpain, dizziness, fatigue and a loss of a range of motion in the neck.

If you suspect you may have whiplash your treating doctor can diagnose clinically by a thorough physical exam.  The evaluation should include the observation of the your ability to move your head to the left and right, backward and forward and side to side. Your doctor will try to detect areas of pain and tension by observing and touching the muscles in your neck, head and upper back and shoulders. Strength, sensation and reflect testing should also be undertaken to detect and confirm any problems.

Soft tissues injuries such as whiplash cannot been seen on X-rays. Further specialised imaging such as CT Scans or an MRI may be recommended to ensure the accurate diagnosis of whiplash. However, they are not generally required as a doctor can usually diagnose with the physical exam.

Whiplash Treatment

If you have been diagnosed with Whiplash, then your Doctor will likely recommend over the counter pain medication. Additionally, you can attempt the following to minimise your pain;

Your Future

If your whiplash injury has an impact on your future, get in touch with one of our TPD lawyers today to see how we can assist with a compensation claim to minimise the impact on your life.

How are Fees for my Personal Injury Claim charged?

2022-06-28T17:11:27+10:0018/06/2018|Injury|

How are Fees for my Personal Injury Claim charged?

We are focused on ensuring that our clients get the best value in their personal injury claim, while still maintaining the costs of running a sustainable practice. If you have ever wondered about how Law Firm’s charge fees for their personal injury claims then read on.

Hourly Fees

Our staff members are classified under different titles depending on their skills set and experience.  For meetings, conferences and phone calls our staff each have a different hourly rate dependent on their role. We charge per a unit of time (6 minutes) which is a portion of the set hourly fee. Perusing of documents, drafting and correspondence is charged per hundred words and is subject to different prices depending on whether it’s general communication verse detailed legal correspondence. Per 100 words verse charging hourly takes away any concern that our staff are slowly taking their time to fluff out legal fees. We track our time carefully using our software system, despite care taken and to the client’s benefit this software will never encapsulate the total hours we spend on each personal injury claim.

Large Scale Claim Fees.

At the end of the claim we weigh up work done verse the 50/50 rule.  For large scale claims we organise for an individual cost assessor to go through the file and assess those final legal costs because for large claims our legal fees won’t even come close to 50 % of the total settlement.  For large scale claims our clients benefit with our firms zero uplift fee. Many of our competitors charge a 25% uplift fee on their final legal costs as they see it as an entitlement to get more in their legal fees due to carrying the costs of the claim for an extended period and acting on a speculative basis.

Example Scenario

John’s claim settles for 500 thousand dollars.  Revolution Law arranges a legal fee cost assessment which comes in at 60 thousand dollars.  Revolution Law charges this fee. Competitors who entitle themselves to an uplift fee charge an additional 25%  fee which in this example equals an extra 15 thousand dollars.

We don’t believe in enforcing such an ‘entitlement’, you pay for work done and we wear the costs of running our business.

Small Scale Claim Fees

For small-scale claims we will leave the decision up to the client whether they wish to get the claims cost assessed or just opt for the 50/50 rule.  Clients recognise that for an average of  18 months of detailed legal work our costs are completely fair and reasonable. Clients who have engaged in other legal work with upfront costs are appreciative that they’ve had the benefit of the No Win No Fee policy in which their compensation is protected by the 50/50 rule.

Example Scenario

Jessie’s claim settles for 30 thousand dollars. After a total of 5 thousand in disbursements is paid back the remaining amount is 25 thousand dollars. Revolution Law can only charge 12,500 in legal fees even if we have conducted 35 thousand dollars’ worth of legal work.

Legal Fees Suck.

Yes, they do, we get that.  The expenses of running a law firm isn’t a walk in the park either. Running a matter for 18 months without charging any upfront fees or even requiring clients to fund their own medical reports and outlays is risky.  It’s a part of business. Our clients pay for a service provided and we work hard to ensure that our clients get the best possible outcome.

Why bother with a lawyer when you can run the claim yourself?

Simply put, even after legal fees are charged we will get you a better result in your hand. Averages of compensation payouts have been released in the 2017 Claimant Research Report conducted by the Motor Accident Insurance Commission (MAIC).  These averages saw that Self-litigants averaged a total settlement amount of $13,481.94 and the average amount received in hand was $10,281.94. Comparatively, Claimants who were represented by a Lawyer averaged a total settlement amount of $93,305.46. The average amounts received in hand was $51,295.77.

Running a personal injury claim requires experience, expertise and time. The average figures of in the hand amount in the MAIC report shows that claimants can be some 40 thousand dollars better off with their in-hand payout even after legal fees.  ­­­­­­These figures speak for themselves and at Revolution Law we would be upfront with you when we initially assess your file if we think you could get a better in hand figure running the matter yourself.

Insurers Scaremongering Queenslanders blaming Lawyers for Premium rises

2022-06-28T17:13:04+10:0006/06/2018|Articles, Civil, General|

Insurers Scaremongering Queenslanders blaming Lawyers for Premium rises

The Queensland Law Society shared the following article late last year. We have dug it up to give it the re-share it deserves. Insurers consistently blaming personal injury lawyers is an ongoing and very weak debate which all comes back to the insurers wanting their mega profits to be multi-mega profits.  Queensland’s current CTP scheme runs laps around those from other states and we are strong advocates for it to continue on as is. We have the experience and privileged of supporting injured victims who through no fault of their own have to face a painful and more difficult future. This is the purpose of CTP insurance, to compensate the victims.

Have  a read of the article and share with us your thoughts:

QLD CTP proposal slammed by lawyer group as insurer greed

27th Aug 2017

The Australian Lawyers Alliance (ALA) has strongly criticised calls from Suncorp and RACQ for changes to Queensland’s Compulsory Third Party (CTP) insurance scheme that would see less benefits for injured motorists.

ALA Queensland Director, Rod Hodgson, said the insurer’s defined benefits proposal is driven by a desire for greater profits and fails to recognise that Queensland’s CTP scheme is the best run and best structured CTP scheme in Australia.

“Queenslanders should be proud of the stability, access to justice and affordability provided by our CTP scheme”, Mr Hodgson said.

“Premiums in Queensland are second lowest in the country and the Queensland CTP scheme provides good access to benefits for those who are injured.

“From time to time we see insurers running the argument that the sky will fall in and there is a crisis in the CTP scheme – the problem for the insurers is that is simply not true,” he said.

Mr Hodgson said it’s important to acknowledge a number of facts about CTP insurance in Queensland. They are:

  • In addition to being inexpensive the Queensland scheme has a very low disputation rate, which sees less than 1 per cent of matters commenced go to court;
  • Claims which lack merit are almost non-existent – if an insurer believes that a claim lacks merit they should do their job properly and dispute the claim;
  • The Queensland courts have a strong track record of supporting only claims which have merit and dodgy claims are not tolerated;
  • Defined benefits schemes are simply insurance company code for “we know best, benefits ought to be less and the courts ought to get out”;
  • The interstate experience of such schemes is of higher disputation rates, because people are unhappy with those schemes;
  • A race to the bottom by joining some of those interstate models is not in the interests of Queensland motorists who can be very proud of our present scheme and how it’s run; and
  • Queensland has long had a strong focus on rehabilitation and this was recently enhanced with changes that see those catastrophically injured from 01 July 2016 having access to not fault coverage

Mr Hodgson also singled out RACQ for their rank hypocrisy.

“This is an organisation that promotes itself as an honest advocacy group for motorists, some of whom will have the misfortune to be injured on the road,” Mr Hodgson said.

“RACQ is a big insurer and its call for a defined benefits scheme is in truth a call for a smashing of rights and benefits for those people who have had the misfortune to be injured, often through no fault of their own.

“That detriment to RACQ members reflects perfectly how the RACQ insurance company tail wags the advocacy dog” he said.

Compensation Payouts for Motor Vehicle Accident Claims.

2022-06-28T17:15:37+10:0009/05/2018|Injury, Motor Vehicle|

Compensation Payouts for Motor Vehicle Accident Claims.

If you have been injured in a car accident and you are wondering about compensation and monetary payouts then read on to find out the answers to the questions you are really asking.

Can I make a compensation claim after a car accident?

If you have been injured in an accident of which you are not at fault for then the answer is yes. Injuries can include anything from whiplash, broken bones and paralysis.   It doesn’t matter if you are the passenger, another driver or a pedestrian, you have the right to bring forward a personal injury claim against the at-fault driver’s CTP insurer. If you are unsure of whose fault it was or have some odd circumstances then speak to one of our Lawyers for free about the accident.

How much are car accident compensation payout figures?

To give people a range that is specific to their case is impossible during the initial stages of their claim. Each claim is unique and compensation figures are based on a range of factors which are specific to the claimant. Before we can discuss figures we have to gather and analyse evidence, determine the extent of the injury, review your current economic loss and your predicted future loss, finalise what impacts the injury has on your life and so forth.

Averages of compensation payouts have been released in the 2017 Claimant Research Report conducted by the Motor Accident Insurance Commission (MAIC). You can review the report here.

•  On their own, self-litigants averaged a total settlement amount of $13,481.94. 

•  The average amount self-litigants received in hand was $10,281.94.

•  Injured claimants that opted for Legal representation averaged a total settlement amount of $93,305.46.

•  The average compensation payout legally represented claimants received in their hand was $51,295.77.

Should I run my own personal injury claim?

If your intention is to save money on legal fees then read on. Firstly, personal injury firms like Revolution Law operate on a No-Win No-Fee basis. If we don’t win your case, then we won’t charge you any fees. But it’s not just about engaging a lawyer with no risk to you and without the requirement of having to pay upfront fees – it is the fact that to get the type of compensation payout results shown in the MAIC report requires easily 100 plus hours of detailed legal work from experienced and experts.

The average figures in the MAIC report evidence’s that claimants can be some 40 thousand dollars better off with their in hand payout. This is after legal fees are taken into consideration. These figures speak for themselves in the reality of engaging a lawyer.

Why Choose Revolution Law?

This is an absolutely shameless plug about the fact that we are proud of what we do and we love getting the best possible results for our clients. It’s a great feeling being able to see our clients move forward with financial security for their family after a traumatic event taking so much.

In your initial free consultation, we can easily assess your matter to see if it has any merit. We have no problems in being upfront with you. If we think you can get a better result without legal advice, we’d tell you!

Our fees are capped at 50% of your final payout. It doesn’t mean that we will charge you that much, it just means that if we do an extreme 500 hours of work and you only get a terrible settlement offer of only 20 thousand dollars then we can only take 10 thousand dollars in fees. Don’t stress too much, our lawyer will go through a full fee disclosure before you even sign up. We have nothing to hide and no the importance of being clear with fees.

Speaking about fees, it should be mentioned we have No Uplift Fees. Most firms charge an additional 25% on their fees if they have been successful on your matter. That is their way of trying to bump their fees up as much as possible. You pay for what you should, we don’t need a success fee because that is your entitlement.

Another one of our bonuses which can save you thousands is that carry the costs of obtaining medico-legal reports, plus the costs of gathering other evidence. Most firms use a third party which charges the client an exorbitantly high-interest amount which you have to pay back from your compensation.  It’s the cash converters of the Legal world and it’s costly. When you are with us, we carry these expenses and the best bit is, we won’t charge you any interest and if your matter doesn’t settle then our business will bare those expenses so that you can truly walk away without any financial commitment.

Lastly, the Director and owner of the firm not only works at the office but is still actively engaged in overseeing and checking up on all clients throughout their claim’s process. You can get in touch with him at any stage throughout your claim. This firm is personal, you are not a number. Your success is our success.

What is a Statutory Claim Vrs Common Law Claim for Work Injury Compensation Matters.

2022-06-28T17:17:59+10:0023/04/2018|Civil, General|

What is a Statutory Claim Vrs Common Law Claim for Work Injury Compensation Matters.

Many workers are confused when it comes to their rights in a work place accident and understanding that there are two types of claims that can occur in a Workers Compensation matter.

A flow chat that shows the workcover statutory process

The first claim that you will make if you have been injured at work or on your way to work is called a Statutory Claim. This claim is started when you fill in an application and lodge it with WorkCover or your employer’s self-insurer. It is more than likely your employer will hold their accident insurance policy with WorkCover.  Once WorkCover has approved your claim you will start being able to receiving benefits which may include weekly compensation for lost wages, rehabilitation and medical treatment, travel costs and funeral and death benefits. To finalise the Statutory Claim, WorkCover may assess you for a permanent impairment percentage and then make you a small lump sum offer to compensate you for injuries.

This is the crucial point in which you need to seek legal advice from one of our personal injury lawyers. If you have been assessed with a permanent impairment of 20% and above, then you will be able to both accept the lump sum offer from the statutory claim and then you may also be able to proceed to running a common law claim as well. Should you have been assessed with a permanent impairment of 20% and under, then you will have to decide whether you wish to proceed with a common law claim which would mean you have to reject the lump sum offer of the statutory claim. We will provide you with free advice on what your options are going forward to ensure that you get the compensation that you deserve.

The second claim that you may be proceed to is called the Common Law Claim.You cannot make a common law claim without first having made a statutory claim. While a statutory claim is a no fault scheme which does not look at who is liable for the accident and simply protects a worker in the event of an accident, a common law claim does consider who is at fault for the injury. For a common law claim to be successful your employer’s negligence needs to be proven in their breach of their duty to provide a safe and supervised work environment.

Our job as expert Workers Compensation Lawyers is to smoothly run a workers’ compensation claim and obtain you the maximum settlement amount to compensate you for the injuries you have sustained at work. This area of law is extremely complicated and it is risky to attempt running the claim yourself self as it could even mean you end up with little or no compensation.  We cannot stress the importance of seeking expert advice even if it is just for a free initial meeting to discuss your personal injury. After all it is your right to be able to go to work and return home again without suffering an injury.

To speak to a Lawyer immediately call our office on 07 3416 4999.

Ryan’s Rule – Not just for kids

2022-06-28T17:19:29+10:0028/03/2018|Injury, Medical|

Ryan’s Rule – Not just for kids

A lot has been written about Ryan’s Rule and despite this there remains a misconception that Ryan’s Rule can only be applied when the patient is a child. This is absolutely not the case.

As we are heading into the School holiday period with families going on holidays or attending the various Commonwealth games events this article serves as a timely reminder that Ryan’s Rule can be enacted when at a hospital if you as the parent, carer or family member are concerned about the health care being provided to your loved one of any age.

By way of background the Rule came about after Ryan Saunders a 2-year-old toddler boy died in 2007 due to the hospital’s failure to diagnose and to provide appropriate medical care to him. He died from an undiagnosed Streptococcal infection, which led to Toxic Shock Syndrome.

Following Ryan Saunders tragic death, the Coroner, Queensland’s Health Quality and Complaints Commission (now Office of the Health Ombudsman) and Health department were critical of the care provided and recommendations were made and implemented to prevent it happening again.

In summary Ryan’s Rule;

  • Is a three-step process to support patients of any age, their families and carers, to raise concerns if a patient’s health condition is getting worse or not improving as well as expected;
  • applies to all patients admitted to any Queensland Health public hospital and in some Hospital in the Home (HITH) services. It is important to note here that it does not apply in Private Hospital, although other complaints process are available in these hospitals;

The Ryan’s Rule escalation process is as follows:

  • Step 1: Talk to a nurse or doctor about your concerns. If you are not satisfied with the response, go to the next step.
  • Step 2: Talk to the nurse in charge of the shift. If you are not satisfied with the response, go to the next step.
  • Step 3: Phone 13 HEALTH (13 43 25 84) or ask a nurse to phone for you, and request a Ryan’s Rule Clinical Review. You will need to provide the following:
    • Hospital name
    • Patient’s name
    • Ward and bed number (if known)
    • Your contact number

Once the Rule is enacted, a nurse or doctor will undertake a Ryan’s Rule clinical review of the patient and the treatment they are receiving. This is where for instance any gaps in treatment, diagnosis and/or review of the treatment being provided can be scrutinised.

Ryan’s Rule is implemented as a last resort if all other complaints process highlighted above fails.

Ryan’s Rule gives voice to the parent, carer and family member with legitimate concerns about the health care being provided to their loved ones. No longer do you have to look helpless from the sidelines it provides a sense of empowerment and validity to their concerns.

Share this article with a friend, family member, neighbor or even a stranger it may just help to save a life.

I Don’t Chase Ambulances

2022-06-28T17:20:48+10:0012/03/2018|Injury, Medical|

I Don’t Chase Ambulances!

It might shock you to know that as a Personal Injury Lawyer, Compensation Lawyer or Injury lawyer I do not chase Ambulances.

Compensation lawyers in the mind of the average person seems to conjure the image of a Lawyer with a brief case chasing after an Ambulance.

I can assure you that most Compensation lawyers did not spend four to five years at university, 6-12 months of college of law and then another two years of supervision to chase an ambulance to secure claimants.

It does not help the image when the urban dictionary goes to the trouble of including and defining Ambulance Chasers as; “ an unethical lawyer, especially those who represent plaintiffs in personal injury actions.”

The origin of this popular phrase if Google is to be believed; “……. dates from late 19th century; from reputation gained by certain lawyers for attending accidents and encouraging victims to sue.

And henceforth all who dare to work in the field of compensation were tarnished.

At its core the role of a Compensation Lawyer is to help claimants injured through no fault of their own navigate the complexities or road blocks of accessing their entitlements, so they can get back on track. The compensation lawyer is often;

  • The one who knows the ins and outs of your injury claim;
  • The one who knows the impact of the injury and claims process on you and your family;
  • The one who is there for the highs and lows;
  • The one that listens to you, and
  • The one in your corner from the beginning through to the end of your claim when all others have lost interest in your injury claim.

A Compensation Lawyer typically works in all or some of the following areas;

  • Motor Accident claim;
  • Work Injury Claims;
  • Public Liability Claims;
  • Medical Negligence Claims, and
  • Superannuation/TPD Claims

Just as there are good and bad people there are also good and bad lawyers. Some tough questions to ask before engaging a Compensation Lawyer are;

  • Will you be accessible;
  • Will you return my calls;
  • Are you an expert in your field;
  • Will you be upfront with me;
  • Will you be charging an uplift on the legal fees, and;
  • Are you a lawyer.

The position remains in Queensland that the Compensation Scheme is heavily regulated. Aside from the ethical implications of ‘chasing ambulances,’  it is insulting to suggest or surmise that the only way we are capable of helping those in the need of our services is to queue in front an ambulance or the like.

In summary as a Compensation Lawyer my central motivation remains to help others and I take immense pleasure meeting a claimant for the first time, navigating them through the highs and lows of the compensation process and coming out at the end with an outcome which sets them and their family back on track. To make a living from this is bonus.

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