Instances of Personal Injury

The term ‘personal injury’ appears in newspapers and TV reports a lot these days, but what are they actually talking about? Personal injury lawyers work with people who believe that they have been injured due to the actions of someone else, so personal injury is when you are hurt (physically, mentally, or emotionally) but the blame rests with someone else. These are a few instances of personal injuries and any specific areas of expertise your personal injury lawyer should have:

  • Transport accident (this includes cars, motorbikes, trains, and ferries)
  • At work or due to work (cases like these will go through WorkCover or you can speak to a workers compensation lawyer)
  • Because of a medical treatment (e.g. something goes wrong in an operation, and you weren’t warned it could happen. A medical negligence lawyer is who you want to look for in this instance)
  • On public or private property (depending on which one it is, you will need to look at finding a lawyer who knows about Occupiers or Public Liability)
  • Using a faulty product (this falls under Product Liability)
  • Because of a criminal act (you’ll need to look at Victims of Crime compensation)
  • Workplace discrimination (this includes unfair dismissals)
  • Sexual abuse or harassment
  • Because of some other unmentioned professional services (this is professional negligence)image01

Chances are that the personal injury that you want to claim for is somewhere in that list. Once you’ve identified exactly what category your personal injury falls under, the next step is to find the right lawyer, for instance you don’t want to choose a medical negligence lawyer when your problem is one to do with workers compensation. When you do choose a personal injury lawyer for your claim, remember to bring as much information about your injuries as possible, whether its medical reports, photos, or witness statements. The last thing you want is for your claim to be unsuccessful because you didn’t provide enough evidence.

If you’re looking for personal injury lawyers in Sydney, call BPC Lawyers on (02) 8355 4002 or enquire online at http://www.bpclaw.com.au.

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Things to Bring to a Personal Injury Lawyer

There are many personal injury lawyers available. They have studied and worked extremely hard to get where they are so that they can help you get compensation for your injuries, whether they are physical, psychological, or emotional. To show a personal injury lawyer respect and so that you don’t waste your time or theirs, it’s important that you have all the relevant information and material for your claim at your fingertips. So what should you have ready for when you go see a personal injury lawyer?

  • Specific details about how the accident occurred (in dot point form so it is easy to read through)
  • Photographs of the accident scene if you can easily and safely get theseimage02
  • Any relevant medical reports (e.g. if it was a car accident and you were treated for whiplash)
  • Receipts for out of pocket expenses including things like crutches, GP gap payments, and medication
  • A travel log of all the travel time related to appointments for your injuries
  • The details of all the doctors you are seeing in relation to the accident
  • Details of how your life has been affected due to your injuries (e.g. a list of things around the house that you cannot do)
  • If you have made a claim, the details of the insurance officer handling it
  • If it was a car accident, the details of your car registration and any other vehicles involved
  • The details of any witnesses to the accident
  • Accounts of what was said at the time

It can seem like a lot to get a hold of, especially if you are recovering from a painful injury, but by having all this information handy you will save yourself time and money, as well as showing any personal injury lawyers you choose to see that you are serious about your claim.

If you are interested in personal injury lawyers in Sydney, call BPC Lawyers on (02) 8355 4003, or enquire online at http://www.bpclaw.com.au.

Poor Records and Medical Negligence

Medical negligence lawyers in Sydney and around Australia are incredibly important. We presume that because we live in a first world country that our hospitals are some of the best in the world. They are not and there are plenty of opportunities for medical negligence lawyers to help patients achieve some sort of justice.medical negligence

In June, the poor medical record keeping practices in Australian hospitals were highlighted when a woman was awarded $360,000 compensation for the death of her newborn son. Estimates have suggested that 18 thousand people die every year because of a medical error, while another 50 thousand suffer permanent injuries due to medical errors.

However, there is no system of collection and linking when it comes to data regarding medical errors, so the figures could be even higher. The Medical Error Action Group says that they receive around 50 complaints a day that can be called medical errors.The Medical Error Action Group also suggests that one in ten patients will fall foul of a medical error, if they’re particularly unlucky, an error that involves the wrong surgery site or even the wrong patient. Other cases have involved patients dying from being given medication they are allergic to because doctors have not checked their records or the medical records are incorrect.

There is the strong belief held by those who have seen the results of medical errors or experienced them themselves that even after the 1995 Quality in Australian Health Care Study found that medical errors occurred with 16.6% of patients, doctors and medical organisations are covering things up.

This is where victims need to seek the help of medical negligence lawyers. It is thought that around three per cent of practising doctors are accounting for half of the complaints of medical negligence. Presumably the same errors keep happening. These doctors need to be taken to court and the patients properly compensated to prevent it from continuing to happen.

If you are looking at medical negligence lawyers in Sydney, call BPC Lawyers on (02) 8355 4002, or enquire online at http://www.bpclaw.com.au.

Medical Negligence in Canberra Hospital

It can be easy to think that we do not need medical negligence lawyers in Sydney, or anywhere else in Australia for that matter, but that is simply not true. You need to have only opened a newspaper or logged onto a news website in the last six months to see that the field of medical negligence lawyers is still greatly required throughout Australia. Previously, we have seen negligent Queensland doctors forcing a change in the Queensland Board of the Medical Board of Australia members and the creation of a specialist Health ombudsman, and we have seen Dr Jayant Patel return to the courts for a retrial over three counts of manslaughter. But there is still even more recent cases of medical negligence in Australia, this time in the nation’s capital of Canberra.

medical malpracticeIn the mid-90s, Dr Gerald McLaren raised concerns about Canberra Hospital’s former head of neurosurgery, Dr Raymond Newcombe. There was an initial investigation, and, in 1998, an audit. In particular Dr McLaren was concerned about Dr Newcombe’s surgical skills. Another investigation was conducted in 2003 and in 2007 the Australian Capital Territory Civil and Administrative Appeals Tribunal held a hearing into allegations against Dr Newcombe of medical malpractice. The decision was released at the end of last month: Dr Raymond Newcombe went against standards of practice by failing to maintain public protection and safety.

What the Tribunal found is quite shocking and disturbing. It says that Dr Newcombe performed surgery on the wrong part of the brain of a patient, he used the wrong instrument during one or more surgeries, he failed to provide suitable and satisfactory post operative and clinical care, and he also failed to ensure accurate and complete clinical records about a patient.

Dr Raymond Newcombe retired in 2004 and Canberra Hospital believes enough changes have been made since Dr Newcombe to prevent a similar or repeat incident. Of course, time will tell if this is really true.

With such a recent instance of disturbing medical malpractice, it is more important than ever that Australian patients are aware that there are medical negligence lawyers at hand if they need them. If you are looking for medical negligence lawyers in Sydney, call BPC Lawyers on (02) 8355 4002, or enquire online at http://www.bpclaw.com.au.

Workers Compensation Claims

Workers compensation lawyers in Sydney are kept very busy, as the most recent statistical bulletin provided by WorkCover New South Wales shows. The data within the statistical bulletin refers to the time period of 2008 to 2009, and though it may be a few years old, the data is still relevant in revealing exactly what it is compensation lawyers in Sydney, and throughout New South Wales, are dealing with. If you are considering making a workers compensation claim you may find the following statistics useful:workers compensation claim

  • Reported Injuries and Fatalities: In the year-long time period the statistical bulletin covers, WorkCover New South Wales dealt with a total of 42,858 employment injuries, including, tragically, 139 fatalities. These almost 43,000 employment injuries included occupational diseases, road traffic accidents at work, incidents during work, incidents during work breaks, commuting accidents, and incidents that occurred away from work during a recess period. As you can see, the scope of these claims is incredibly vast.
  • Payouts: As is the worker’s right, they are entitled to compensation. Sometimes the services of workers compensation lawyers may need to be employed to ensure this occurs, but not always. In total, $449 million was paid out for employment injuries. The average cost of a workers compensation claim was almost $21,000, but outlying data affected this result as half of the total claims received payouts of just over $8,500 or less.
  • Age: There is a perception that it is younger, more inexperienced workers that record the highest number of injuries and claims, and who will, therefore, require compensation lawyers. However, the data from 2008 to 2009 WorkCover statistical bulletin show that it is actually those aged between 45 and 49 years who have the highest number of injuries, and the highest incidence rate is of people aged between 60 and 64.
  • Industry: Some employment industries have higher risks of injury, due to heavy machinery or manual labour. This general supposition is proved with the top five industries with the highest incidence rate as follows:

1.     Mining at 33.5%

2.     Agriculture, Forestry and Fishing at 27.5%

3.    Manufacturing at 26.9%

4.    Construction at 23.5%

5.    Transport and Storage at 22.5%

If you are interested in workers compensation lawyers in Sydney to help you with your claims, call BPC Lawyers on (02) 8355 4002.