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.

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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!

 

 

 

 

 

 

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.

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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.

 

 

10 Signs You Need to Consult with Compensation Lawyers

You need to protect your most valuable asset; your capacity to work. To help you determine whether you need to consult with workers compensation lawyers when you’ve sustained an injury at work, consider the 10 signs you may need to see one.

 

  1. Your injury is so severe that you may be unable to work for a while

  2. Your injury dramatically affects your ability to do your work long term, making you eligible for permanent partial disability

  3. You have been rendered unable to work in any capacity

  4. Your injury has left you unable to do your work, but allows you to work in some capacity

  5. You have any pre-existing disability or disabilities

  6. You need to contest your employer’s decision or that of your employer’s insurance or healthcare provider’s concerning your claim for workers compensation

  7. You feel you have been denied of some benefits that have been stipulated in your insurance contract, or that you are entitled to other benefits

  8. You have been completely denied of medical benefits

  9. Your employer contests the decisions made by your insurance or healthcare provider

  10. There are certain provisions in your workers compensation that you need clarified or if you need to fully understand how workers compensation works.

 

It is extremely important to consult with workers compensation lawyers in Sydney to fully understand the provisions that cover the laws governing personal injury claims. Remember that any worker is exposed to some risks. There are injuries that are extremely life-altering such as those that could leave you unable to work for the rest of your life. For any injury that you sustain while performing your work, it is the duty of your employer to help you get proper medical care and to help you recover so you can get back on your feet.

 

It is also the duty of your employer to sort out how else you can go back to work in the company by providing you with an alternative work if you’re unable to carry out your previous job. If your employer offers you no such opportunity, the compensation lawyer can negotiate with them on your behalf.

 

The compensation lawyer can also sort out with your employer some form of remuneration to cover for your lost income while you’re focusing on recovering.

 

Also, workers compensation claims involve some complex legal issues that could easily confuse you. It’s best to leave legal stuff with the professionals so you can focus more on recuperating and getting back on your feet.

For more information on laws surrounding workers compensation in Sydney, visit BPC Lawyers at www.BPCLaw.com.au or call 02 8355 4003 today.