Yes you have a claim against the estate of the doctor who made the mistake. He would have had insurance to cover this and the insurance company should handle your claim.
I think you need to see a solicitor to follow up on this because there are time limits for such claims. I believe you probably made a claim within the appropriate time but if you did not receive any acknowledgement you may have some difficulty proving you made the claim.
Hi, I have got as far as registering my proof of debt with the liquidator. But i dont think he had any money, only lots of debt from what i can see in the reports. And they are saying 1 to 2 years until the liquidating is finished. How do i find out who his insurer was? And any tips on how to deal with them? Thanks for your help.
We are sorry to hear about your experience with the eye surgeon. Like everyone else, you have the right to trust your surgeon to look after you properly and they have a duty of care to exercise reasonable care at the time of treating you.
From your facts, it appears that the surgeon was negligent by failing to complete the procedure appropriately and the surgeon's treatment caused or contributed to your injury.
For your information, strict time limitations apply on when a medical negligence can be made and they vary between states and territories, therefore you must act quickly to obtain legal advice.
Depending on the situation, it may be possible to claim the compensation from the deceased doctor's insurer and a claim of compensation for loss and/or injury suffered as a result of professional negligence may include legal costs, corrective surgery expenses, non-economic loss etc.
Should you wish to discuss this matter further, please feel free to contact us via email on email@example.com, via phone on (03) 8564 8474 to discuss your matter or visit our website at www.amklaw.com.au