What can I recover in a medical error claim?

The types of things you can claim (and the way a Court would ultimately assess your injury compensation, if it ever reached that stage) are broken down into various categories. The largest components in a medical error claim will usually be loss of earnings, future medical costs and the costs for paid assistance or care.

The various categories are broadly as follows:-

  • Pain and suffering;
  • Out-of-pocket expenses – to cover things such as hospital bills, doctors’ fees, x-ray fees, medication costs and any other expense you are put to because of your injury (including wheel chairs, nursing carers, cleaning expenses and the like);
  • Loss of earnings – whether this is because of actual time off work or a lost opportunity (for example, an inability to seek a promotion, take on another more lucrative jobs or simply missing out on overtime or additional hours etc);
  • Future loss of earnings – an allowance to compensate you for the loss of earnings you will suffer into the future;
  • Future treatment costs;
  • Paid Carers – the cost associated with having to pay for carers to help can be substantial.  These are legitimate costs that will be awarded where there is an appropriate need.
  • Care and assistance – allowances will be made to the extent other people are required to assist you with household chores and the like because of your injuries.
  • Other future costs/expenses – including modifications to the home or vehicles, instillation of stair lift etc etc.
By |March 19th, 2016|Comments Off on What can I recover in a medical error claim?

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