How to get ahead in the malpractice court article What to do if you’re in a malpractice case article How much do you have to sue for?
article What are the penalties for not settling a malleable claim?
article Malpractice attorneys say there are different levels of compensation, and there are a lot of different ways you can fight a mal-practice claim.
But there are some basic rules.
You need to show you were injured by your client, and that the injury is worth more than $10,000, and you need to demonstrate that the doctor knew about the condition and acted negligently.
You have to have a clear medical diagnosis, and the doctor has to have done the appropriate testing to ascertain the condition.
And you have a case to answer to the court.
Malpractice lawyers say there is an element of “lawfare” to getting a claim resolved.
It’s a long process.
It’s very difficult.
But if you’ve got an attorney who has the resources, you can get through it.
“You’re just going to have to fight hard for it,” says former medical mal-plaintiff Andrew Clements, who represented a medical malplaintiffs’ group.
“It’s not like the doctor’s going to say, ‘Well, I did the test and I know the condition’s serious, I’m not going to sue you’.”
Clements, now a clinical psychologist at the University of Melbourne, says he’s had his share of malpractice cases where the medical malcontent of the doctor is more important than the doctor being negligent.
“I don’t think that’s fair.
It is a very, very difficult process.
And it can go on for years, and years, on end.
So you’re not going, ‘I’ve got the money, I’ve got my lawyers, and I’ve done everything I could to get this over with.'””
There is no quick fix.”
Clements says if he had had a $10 million claim against his former employer, he would have spent years on it.
He says the only way to win is to prove the doctor had knowledge of a serious condition and didn’t act recklessly.
“In a lot (of cases) the doctor will just say, I was told about it by another doctor, and then they’ll tell the court they didn’t know about it,” he says.
“So it’s like saying you have the information but they didn to do it.
And that’s the case here.
If the doctor didn’t have the knowledge and didn to act negligently, then you have got a claim.”
The key is to show that you had a medical condition and the diagnosis and testing you received were wrong, or that the other doctor was negligent, or both.
“That’s the only really important thing,” says lawyer John O’Brien.
“If you’re injured, the key thing is you’ve been injured and you’ve suffered an injury, you’ve lost a child and you want compensation for that.”
In some cases, the judge will award compensatory damages.
“The only way you can recover compensation is if you have shown you were harmed by your medical practitioner and that your medical condition was caused by that medical practitioner’s negligence,” says Mr O’Connor.
“And if that’s proved, you should be able to get a reasonable amount of money from the court.”
The amount you’re entitled to for damages depends on what the doctor was doing and how much of your medical expenses were the result of the malady, says Mr Clements.
The doctor’s negligence can be assessed based on the quality of the diagnosis, how long the doctor waited before diagnosing the condition, and how long it took the doctor to assess the condition before diagnose a more severe condition, Mr Cules says.
The key thing to remember is that you can’t go to the judge and say, `I want $10m’ and be given it.
You have to prove that you suffered a substantial medical condition, that the medical practitioner acted negligantly, and, if necessary, that you were damaged by the medical care provider, he says, adding that the case should be heard in a small out-of-pocket setting.
“A case like this can go to trial.
It can go in court.
You can get the judge to order the doctor or your doctor to pay you,” Mr O`Brien says.
You should be aware that if the doctor does not pay you, you have some options, he adds.
You may be able appeal to the High Court, which has the power to compel the doctor in question to pay.
But you’re only entitled to recover a reasonable level of damages, not more.
So what to do in a case where you’re suing a doctor?
“There are some ways to fight the case,” says Clements from Melbourne.
“First of all,