Professional Negligence: Just the Facts

Professionals such as accountants, engineers and solicitors have a legal duty to complete their jobs ‘by the book’. If they fail to do so, and you suffer, then you may be entitled to compensation.

Image

Whether it’s being pointed to a dodgy investment or being taken for a ride by a business advisor, nothing feels worse than being let down by a professional.

The big question is: what defines negligence in a professional context?

Here are some examples:

  • Bad professional advice
  • Misleading professional advice
  • Errors in accounting
  • Engineering mistakes
  • Misrepresentation in Real Estate
  • Wrong property evaluations

If you ticked off any of these, then you may be entitled to make a claim for compensation.

Here are the things you need to prove in order to make a claim:

  1. The professional owed you a duty of care.
  2. They didn’t complete their job ‘by the book’
  3. Because of this negligence, you suffered a financial loss.

Compensation is paid by insurance companies and it’s the job of lawyers to find out who needs to be pursued, then put the claim forward in the best possible way. Most of these negligence claims are finalized within two years of a lawyer being engaged.

What you’ll need to gather and keep depends on the individual case of your professional negligence.

If you think you have a case, speak to a lawyer. They can help point you in the right direction when it comes to evidence gathering and pursuing legal action.

Good luck!

 

 

 

 

 

 

Advertisements

Medical Negligence – Paralysis following sinus surgery

In the days following a simple sinus surgery, Melbournite Daniel Hogan started to develop flu-like symptoms. His surgeon reassured Mr Hogan that the symptoms would eventually pass, but what happened next changed his life forever.

Image

Before the operation, Daniel Hogan was an avid exerciser. He would run almost every night and practiced yoga regularly. Now, the 38-year-old is partially quadriplegic; having developed meningitis from complications arising from sinus surgery.

According to a statement filed in the Supreme Court, Mr Hogan telephoned his surgeon Ron Trower two days after being discharged from a Melbourne Hospital. The surgeon reassured him that the flu-like symptoms were probably just a virus.

Several days passed as Mr Hogan’s condition deteriorated dramatically. He was eventually taken to the emergency room and their surgeons found a defect in his nasal cavity that had allowed the cerebrospinal fluid to leak, causing meningitis.

Mr Hogan has since been left permanently disabled form the neck down.

He finds it difficult to walk 100 metres, has zero sexual function, and is forced to use a catheter to drain his bowels.

The question remained, was it anyone’s fault?

THE CASE

Mr Hogan has recently decided to sue his surgeon for failing to provide proper care following the surgery. Mr Trower and the Royal Melbourne Hospital have denied any negligence in their treatment of Mr Hogan, but some law experts believe that along with the future lose of earnings, cost of medical treatment, household assistance and damages for pain and suffering, a compensation figure of $2million could be reached.

If not settled through mediation, the case is set for trial in November.

WHAT IS MEDICAL NEGLIGENCE?

Hospitals, doctors and health care providers have a duty to take proper care when treating patients. If a patient were to suffer injury that came as a direct result of inadequate skill or care then the patient (or family) may be able to make a claim for financial compensation.

Medical negligence claims are also extremely complex. Not every outcome results in a claim and it’s crucial to demonstrate a connection between the error and negative outcome.

WHAT CAN WE LEARN?

A tragedy like Mr Hogan’s has reinforced the principles that medical practitioners have a duty to warn their patients of all risks involved. Extra care must be taken by both doctors and hospitals to ensure our sick receive the best possible care that’s available.

THINK YOU HAVE A NEGLIGENCE CLAIM?

Then contact a lawyer.

It’s important you speak with someone who has experience in medical negligence as the cases are extremely complex. Time limits also apply in these types of scenarios, so early investigations are essential.

Head to our homepage if you’re seeking further legal advice.

 

 

The Must See Coverage from the Royal Commission into Institutional Responses to Child Sexual Abuse

The Royal Commission into Institutional Responses into Child Sexual Abuse is one of the most closely watched legal battles in Australian history. Below, we bring you the latest must-read articles and video covering the stages of the commission and the hopes for the future for victims. With Cardinal George Pell now having faced the Royal Commission himself there have been expressions of the need that previous cases must be reviewed and current compensation caps removed.