Who can make a claim?
These types of claims are complex and are different from medical negligence claims where an injury has occurred.
To make a successful claim, you'll need to be able to prove that there was negligent medical treatment (more than a reasonable mishap or mistake) that resulted in death, and:
- You have suffered a psychiatric illness as a result of the death; or
- You (and/or your children) were dependent on the person who died.
Our expert medical negligence lawyers can help you understand your legal options and if there are grounds for a compensation claim.
What's considered negligent treatment?
Examples of negligence resulting in death may include:
- misdiagnosis of a condition or illness, including:
- delayed diagnosis
- incorrect or wrongful diagnosis
- failure to make any diagnosis
- injury and consequent death due to surgical mistakes
- failing to provide post-operative care with reasonable care and skill
Time limits for making a claim
Time limits to take legal action vary under the different state and territory laws. It is therefore important that you discuss the circumstances with one of our specialised lawyers so you know where you stand.
Extensions of time limits may be possible in some cases.
Compensation and benefits
The compensation and benefits you may receive depends on the law you're covered by and the state you live in, and whether your claim relates to a psychiatric injury or a loss of dependency.
The compensation can cover past, present and future expenses and losses including:
- Expenses relating to a psychiatric injury, including medical expenses and pharmaceutical expenses
- Loss of earnings and/or earning capacity resulting from a psychiatric injury
- Loss of financial support that would have been provided by the person who died
- Loss of services provided by the person who died
- Funeral expenses
Sometimes, where a person has died following or as a result of medical treatment, the Coroner may undertake an investigation into the circumstances and/or cause of the death.
If the Coroner is investigating the death of your partner, child or loved one, our expert lawyers can explain the investigation process, provide you with advice about your legal options, and we may represent your family at any public hearing (an ‘Inquest’) held by the Coroner.
While it isn’t necessary to be represented by lawyers during an investigation or Inquest, we know from experience that these matters can be complicated and we may recommend that we represent you.
Process for making a claim
Our specialised lawyers will assist you with your claim and make sure you know about your rights and options.
We'll keep you informed throughout the whole process and provide you with legal advice that is easy to understand.
Get in touch.
Tell us your story, we're here to listen. Our experienced medical negligence lawyers will review your circumstances to provide you with the best advice.
We’ll prepare your claim.
We take care of the legal process on your behalf. You will be kept informed of all stages along the way, including what fees are payable.
If your claim in successful and damages are awarded, we'll process your payment as soon as we receive it.
We’re here to help. Get in touch with your local office.
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Our Canberra office is now closed, but our team continues to serve ACT clients and are available for phone and video appointments. If you need legal advice, please call us on 1800 675 346.
We have lawyers who specialise in a range of legal claims who travel to Tasmania. If you need a lawyer in Hobart, Launceston or elsewhere in Tasmania, please call us on 1800 675 346.