Introduction
In the race to end the Covid-19 pandemic, many countries are rolling out vaccination programs to protect their citizens. While vaccines have proven to be effective in reducing infection rates and deaths, there have been reported cases of adverse reactions or injuries. If you or someone close has suffered an injury caused by a Covid vaccine injection, this post is for you.
In this article, we’ll discuss how medical negligence compensation lawyers can help victims seek justice through class action lawsuits against vaccine manufacturers and healthcare providers. Read on to learn more about your legal options and get the support you need during these challenging times.
Medical Negligence?
Medical negligence can have a serious impact on patients and their families. If you or a loved one has been injured by medical negligence, you may be entitled to compensation. Covid vaccine injuries are a new type of medical negligence claim that has arisen in recent months. If you have been injured by a Covid vaccine, you may be able to bring a claim for compensation.
- Medical negligence refers to a circumstance where the standard of care that can be reasonably expected of a medical practitioner has not been met.
- In order to be defined as medical negligence, the patient must have suffered physical, psychological or financial harm as a direct consequence of the medical practitioner’s failure to meet the expected standard of care.
- There is a duty of all healthcare providers to take care of their patient, known as “duty of care.” If duty of care has been breached, the patient may be entitled to compensation by making a medical negligence claim.
There are many different types of medical negligence compensation lawyers claims, and each case is unique. If you think you may have a claim, it is important to speak to a solicitor who specialises in this area of law. They will be able to assess your case and advise you on the best course of action.
Medical Negligence Examples
There are many examples of medical negligence that can lead to a person filing a lawsuit. One example is when a doctor or other medical professional fails to properly diagnose a patient’s illness or injury. This can often result in the patient not receiving the proper treatment in a timely manner, which can lead to further complications and sometimes death.
Other examples of medical negligence include when a doctor prescribes the wrong medication or dosage, performs surgery on the wrong body part, or leaves foreign objects inside a patient’s body after surgery. These errors can often have devastating consequences for patients and their families. If you or someone you love has been injured due to medical negligence, you may be entitled to compensation.
An experienced medical negligence lawyer can review your case and help you understand your legal options. They can also help you build a strong case against the responsible party and fight for the compensation you deserve.
Medical Negligence: Who can I lodge to Claim Against?
If you have been injured by a Covid-19 vaccine, you may be able to lodge a medical negligence compensation lawyers claim. The party who can be held liable for your injuries will depend on the circumstances of your case.
For example, if you were injured as a result of a vaccine manufactured by Pfizer, you would lodge your claim against Pfizer. If you were injured as a result of receiving a vaccine administered by your GP, you would lodge your claim against your GP.
In some cases, it may be possible to lodge a claim against multiple parties. For example, if you were injured as a result of receiving a faulty vaccine, you could potentially lodge a claim against the manufacturer of the vaccine and the party who administered the vaccine.
If you are unsure who to lodge your claim against, you should seek legal advice from a medical negligence lawyer.
What can I be for Compensation Lawyers?
Medical negligence compensation lawyers can help you if you’ve been injured by the Covid vaccine. You may be able to get compensation for your medical bills, lost wages, and pain and suffering.
How long do I have to Claim Compensation Lawyers?
Some people assume a medical negligence compensation lawyers claim can only be lodged against a doctor but, in reality, you are able to lodge a negligence claim against any provider of your healthcare. This may include, but is not limited to,
- Nurses
- Paramedics
- Operating theatre technicians
- Dentists
- Pharmacists
- Allied health professionals (see APA’s specific document on allied health)
- Hospitals
- General practice clinics
- Specialist health service clinics
- The most common cases of medical negligence in Australia involve:
- Cosmetic surgery
- See APA’s cosmetic surgery document to learn about the difference between cosmetic surgeons and plastic surgeon
- Obstetrics and gynaecology
- See APA’s gynaecologist complaints document to learn more about negligence in this medical field in Australia
- Paediatrics
- Emergency medicine
- Orthopaedics
- Misdiagnosis or delayed diagnosis
- Medications and their adverse effects
- Cosmetic surgery
Compensation Lawyers What can I be?
If medical negligence is proven in the court of law, a patient can seek compensation for both special damages and general damages in regards to their loss of injury.
- Special damages refer to quantifiable economic losses from the date of injury such as:
- Medical treatment costs such as medications
- Hospital charges
- Rehabilitation costs
- Special equipment
- Travel costs
- Loss of income
- Legal costs
- General damages refer non-economic losses which can only be estimated and include:
- Physical pain and suffering
- Psychological pain and suffering
- Disfigurement or chronic disability such as loss of limbs, organs or senses
- Reduced quality of life
- Loss of future earning capacity
- Most jurisdictions require a legally competent adult to start proceedings within three years from the date they first experienced the loss or harm for which they are seeking compensation.
- There are some exceptions in which case an extension may be allowed, such as if the patient has a disability or is a child, but the time limits are generally very strict.
Medical Negligence Claim Process
Medical negligence is a very complex field of law and it is therefore recommended that all patients who are considering making a claim firstly get advice from a lawyer who specialises in medical negligence.
- The lawyer will consult with one or more medical experts who will carry out assessments on various aspects of your health, review your medical records, and compile a report detailing how your medical care has been negligent.
- Jurisdictions will differ somewhat in the extent of harm or injury that can qualify seeking a medical negligence claim. For example, in Victoria, the patient must prove they have a “significant injury” as determined by an approved medical examiner which is defined as a whole-person impairment of:
- More than 5% for physical injuries, excluding spinal injuries
- More than 10% for psychiatric injuries
- At least 5% for spinal injuries
- The process of obtaining all the necessary information to make a report for a medical negligence compensation lawyers claim can take a long time because it requires expert medical opinions, various assessments, and stabilisation of injuries.
- Once the report is finalised, the next step is mediation whereby all parties meet and attempt to resolve the medical negligence claim by reaching a settlement. A settlement refers to all parties agreeing on an amount of money that the patient can claim due to medical negligence. The majority of cases reach a settlement.
- If a settlement cannot be reached, the case might proceed to a hearing in the law court. This can be a lengthy, costly, and psychologically taxing process for the patient so it is important to seek legal advice about the likelihood of your claim being successful from an expert in the field of medical negligence. It will ultimately be the decision of the judge/ jury about whether your claim is successful.
But if you think you might have a claim, you probably want to know whether your claim is likely to succeed. And what sort of medical negligence process you might be entitled, on how much your claim might be worth, and how to get help making a successful claim process
How long does a Claim take to be Processed?
In Australia, medical negligence claims can take many years to be processed and for a decision to finally be made because of how complex medical law can be.
You must lodge your ‘initiating claim’ within three years from the date of injury or diagnosis. However, this period can be extended for children and people with disabilities. If you’ve exceeded a time limitation, time extensions might be available to you, so you should speak with a specialist medical negligence compensation lawyers who can provide you with advice on your situation.
This is because claims can be complex, and it may be necessary to wait for injuries to stabilise before a claim can be made. Agreeing on an early settlement before your injuries have stabilised could mean you miss out on a significant amount you’re entitled to, so it’s important not to rush into accepting a settlement offer. You should seek legal advice on any offer you receive.
It’s possible for claims to settle in a shorter timeframe if your injuries have stabilised and there’s clear evidence of medical negligence, or if your circumstances require a more urgent settlement.
Medical Negligence Payout Average Claim
In Australia, the average payout for a medical negligence claim is $650, 000 AUS. However, this is only an estimation and the value of payouts for medical negligence claims can range from tens of thousands to millions of dollars depending on the severity of the harm and suffering caused.
A medical negligence pain and suffering payout is to compensate you for personal losses on top of any other claim you might already be making, based on how much your injuries have affected your lifestyle and work, as well as potential future expenses you may face. It’s calculated based on how much you’ve been impacted compared to the ‘most extreme case’ (MEC).
MEC is considered the worst possible scenario and can be difficult to define. It considers how an Covid Vaccine Injuries would have the biggest impact on someone’s life overall, and factors in considerations on how your life will be affected by your injuries. The calculation of pain and suffering payouts is subjective, and this reinforces why it’s critical to have a specialist medical negligence lawyer on your side who will get to know you personally and make the strongest possible case on your behalf.
Can I claim Medical Negligence on the behalf of someone else?
- Yes, anyone is technically able to lodge a medical negligence claim on behalf of someone else but in most cases this is relevant for a parent, guardian or carer.*
- A carer is defined as somebody who provides ongoing assistance to a person carrying out normal daily activities who cannot do so independently due to a disability or chronic illness.
- For a non-relative to lodge a claim on behalf of someone else, they must declare that they have no vested interests in making the claim, such as a financial incentive.
- Parents or guardians can make medical negligence claims on behalf of their children. We’ve worked on many claims for children, so can talk you through how the claim will run and other information such as time limits.
This guide will help you understand when it comes to bringing a class action suit against organisations responsible for medical negligence that caused people to be injured by the Covid Vaccine, there is no better option than to hire experienced Medical Negligence Compensation Lawyers to ensure that you achieve the maximum compensation to access the help and treatment you need.
These lawyers are highly specialised in this field and understand what steps need to be taken in order to win a case. Medical negligence can lead to life-changing consequences. If you or someone you love has had vaccine injuries, speak to one of or contacting an expert lawyer who specialises in medical negligence compensation can help ensure that your rights are protected, and justice is served.
