Medical Negligence by Ambulance Personnel?

[Lovelikethereisnotomorrow]

My disabled son was treated with Midazolam for a status seizure. The ambulance personnel gave him too much Midazolam and subsequently he couldn't breathe for himself and had to be intubated at hospital and went into ICU. Its now just over 2 weeks and he has not recovered. I am not sure what other effects this has had on him. I will check to see if the doctors know how this could affect him and if it can be diagnosed through MRI.

I need to know if this is worth pursuing as we have no money to pay. Although I understand the no win no fee system, I would have to pay their legal costs in the end if we lose. Has anybody had any experience with something similar? Or could I get Legal Aid? I have no idea where to start.

 

[John R]

Hi lovelikethereisnotomorrow,
Which state/territory are you located in?

 

[Lovelikethereisnotomorrow]

Vic

 

[John R]

Hi lovelikethereisnotomorrow,
You can try calling Victoria Legal Aid on 1300 792 387 during business hours. However, Australian legal aid agencies generally don't provide legal advice in relation to personal injury matters.

I understand that you may have previous experience with "no win, no fee" lawyers. You are correct that if you lose, you pay. That said, if you have limited financial resources, it is highly unlikely that a reputable "no win, no fee" law firm would pursue a case if they were unlikely to cover their costs (because if you can't pay - they are relying on a business or an insurer to get remunerated).

You may also want to review the recent LawAnswers.com.au thread on "Tips for Choosing Best Personal Injury Lawyers".

I hope this helps. All the best for your son's speedy recovery.

 

[Lovelikethereisnotomorrow]

If your opinion is correct then I question anybody ever taking on no win no fee lawyers. A cut and dry case where the ambulance paramedics didn't perform their duties and how can we ever trust them again. We have evidence. I hope someone else comments as to other peoples experience. Who runs this board and is there actual lawyers on this forum.

 

[Lovelikethereisnotomorrow]

I realise that it is all about money but wouldn't it be suggestive that this case will win and could be worth a lawyer taking the case on.

 

[John R]

I realise that it is all about money but wouldn't it be suggestive that this case will win and could be worth a lawyer taking the case on.

Hi lovelikethereisnotomorrow,
To clarify, "winning" isn't just about getting a "winning" decision from a judge in court. In relation to personal injury matters, it is more often about a business (or the business' insurer) agreeing to settle a claim and compensate the injured party for some/all damage and legal fees incurred to avoid the additional time and cost of a lengthy dispute in court.

"No win, no fee" lawyers are controversial but arguably do serve a purpose for those that believe they have a legitimate personal injury claim but don't have the financial resources to pay for legal fees upfront/as the personal injury matter progresses. That said, like most lawyers, "no win, no fee" lawyers operate as a business (that is, for profit) and generally evaluate all facts/evidence of a potential matter before taking it on to mitigate the risk of "losing".

LawAnswers.com.au is a free forum for Australians to better understand popular legal questions - but is not a law firm and does not provide legal advice. The forum is a bit quieter on weekends, but hopefully your question receives additional feedback shortly.