SA Permanently Disabled from the medical negligence of a Specialist. What is the time frame for legal a

[SleeplessInSalisbury]

Good afternoon,

I am hoping if someone can tell me how long do I have and if there are exceptions accepted if someone was too late?

Thank you for taking the time out to answer or read my post

 

[Owais]

Hi SleeplessInSalisbury,

We meet again on a different topic.

There is a statute of limitations on Medical Negligence claims, as per the Limitations Act 1969. Limitations are either:

1. Within 3 years of negligence being caused; OR
2. Within 12 years if the negligence was later discovered. For example; doctor's surgery was not completed properly however you did not feel the pain or discovered this until 7-8 years later when feeling pain.

Exceptions outside of these two limitations are rare and will be considered depending on the circumstances.

Feel free to contact us as our details are verified by LawTap.

Kind regards
Owais

 

[Messedup]

Hi Owais

I have a question that sounds very similar in nature to the one posed by SleeplessInSalisbury. I have recently been accepted as Totally and Permanently Disabled (All Occupations) by my insurer, stemming from a serious operative infection that occurred during surgery in Western Australia. I have been incapacitated since that time in November 2011 but prognosis has varied with some hope that I would eventually return to health andfull time work. This has not eventuated.

Is there any way that this can be seen as a valid exception to the two limitations listed above? It could be argued that at the time of the original incapacity that I was expected to make a full recovery and that it was only several years later after attempting multiple alternative treatments (including a trip to Germany) that I was finally declared as TPD.

Thank you for any advice or opinion that you are able to offer.

 

[SleeplessInSalisbury]

Hi SleeplessInSalisbury,

We meet again on a different topic.

There is a statute of limitations on Medical Negligence claims, as per the Limitations Act 1969. Limitations are either:

1. Within 3 years of negligence being caused; OR
2. Within 12 years if the negligence was later discovered. For example; doctor's surgery was not completed properly however you did not feel the pain or discovered this until 7-8 years later when feeling pain.

Exceptions outside of these two limitations are rare and will be considered depending on the circumstances.

Feel free to contact us as our details are verified by LawTap.

Kind regards
Owais

Hi Owais,


Thank you for responding to my inquiry and it's great to see that you have expertise in this area too as I have valued your knowledge and input at the other forum.


Is the legislation you quoted applicable for SA as well?


If the legislation is applicable in SA then I may quite possibly have a significant case to pursue.

Previous inquiries regarding my case with "larger advertised" law firms in the past have been met negatively. It's so sad to see that there are not many law firms out there interested in seeking social justice for individuals whose lives have been ruined. But also pave the way to make doctors accountable to practice in a safe and ethical manner and prevent the future devastation and suffering of others. My case is unique and therefore was placed in the too hard basket.


The main reason that I have been unable to obtain representation is no one has yet to set the precedence here in Australia . However, there is precedence in the US and the UK with successful outcomes. My case is fairly straight forward in that the specialist failed to adhere to guidelines which was mentioned indirectly in an official report. I also possess other significant symptoms and signs which supports my case.

So in a nutshell, your info has given me a glimmer of hope that it is not too late. I now have to find passionate person who is willing to take on my case and become a pioneer in this area of medical negligence.

 

[Owais]

Hi Owais

I have a question that sounds very similar in nature to the one posed by SleeplessInSalisbury. I have recently been accepted as Totally and Permanently Disabled (All Occupations) by my insurer, stemming from a serious operative infection that occurred during surgery in Western Australia. I have been incapacitated since that time in November 2011 but prognosis has varied with some hope that I would eventually return to health andfull time work. This has not eventuated.

Is there any way that this can be seen as a valid exception to the two limitations listed above? It could be argued that at the time of the original incapacity that I was expected to make a full recovery and that it was only several years later after attempting multiple alternative treatments (including a trip to Germany) that I was finally declared as TPD.

Thank you for any advice or opinion that you are able to offer.

Hi MessedUp - I didn't realise someone also had a question on this post.

I am not sure if my response will still be relevant for you as your question was asked on 29 November 2019. Nonetheless, I will still answer it.

Limitation clause applies for when a matter goes to court. Generally, most of the medical negligence claims can be settled outside of court (ie; with the hospital's insurer). If the insurer doesn't agree and you wish to proceed to District Court then limitations will apply however there have been cases where the limitation period was waived given that specific scenario. I do not know the complete information regarding your matter therefore I cannot tell you whether if you proceed to District Court then, you will receive a waiver or not.

I hope this answers your question.

Feel free to contact us as our details are verified by LawTap. Our details can be found on LawTap website.

Kind regards
Owais