Australia's #1 for Law

Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!

VIC Untreated by Hospital for Hours - Personal Injury Matter?

Discussion in 'Personal Injury Law Forum' started by Sid, 19 October 2015.

  1. Sid

    Sid Member

    18 October 2015
    Likes Received:
    After a pain in my stomach, I called the Ambulance and they took me to Northern Hospital Epping and they put me there for 3 to 4 hours at one corner on a chair. I approached the nurse first and then the Doctor as well to tell them I can't handle the pain and the Dr says "just gimme 10 mins I'll see you", and he just sat there in the front of me and talking to his Mrs on the cell phone for half an hour.

    Then I was boiling at that time and I collapsed and then I heard only one thing, that they were moving me to Austin Hospital. Basically it's the pain of Gallbladder and now I have a skull fracture and blood clods inside the brain, and I can't work and can't drive. Finally on Friday I'm having an operation for the gallbladder and I've been suffering since 14 August.

    Am I able to take up that Personal Injury matter in the future? Is that gonna help me?
  2. JS79

    JS79 Well-Known Member

    2 October 2015
    Likes Received:
    Hi Sid,
    In order to claim for medical negligence, you as a Plaintiff would have to prove:

    1. that the doctor owed you a duty of care;
    2. that the doctor breached that duty of care;
    3. that you were injured (damaged);
    4. that those injuries were caused by the breach of the duty of care (causation).

    If a Plaintiff cannot prove all four elements, there would be no claim for medical negligence.

    There is a number of damages that you claim for:

    - general damages (pain and suffering, psychiatric, loss of enjoyment);
    - economic loss (past and present)
    - medical treatment (past and present)
    - travel expenses (past and present)
    - gratuitous care (where someone has done something for you that you would usually do yourself)

    There are thresholds in some of these damages that you would have to pass in order to be awarded compensation. These have to be calculated carefully to ensure that your compensation that you receive would be above that and above the legal fees that you would be charged so there would be something in your pocket at the end of the day.

    See Get Connected with the Right Lawyer for You
    to be connected with a local lawyer who specialises in medical negligence claims.

    The most important thing to remember with personal injury claims is that you have 3 years from the date of accident to initiate legal action or you lose your right to commence legal proceedings.

    Good luck.
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
    Victoria S likes this.
  3. Yevgeni

    Yevgeni Well-Known Member

    1 June 2016
    Likes Received:
    Hi Sid,

    I am personal injury lawyer who specialises in medical negligence. On the limited information that I have, it sounds to me that it dependants on how you were triaged and what category you were given. If you were in severe pain then they probably should have been more proactive about it. It is definitely worth investigating as you have suffered pretty serious injuries.

    Hope it helps.

    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...

Share This Page