Medical Negligence Lawyers

Compensation in medical negligence cases can cover a variety of losses, including past and future medical expenses, domestic assistance, lost earnings, and non economic loss such as pain and suffering or reduced quality of life.

If you are unsure whether you have grounds for a medical negligence claim, most specialist medical negligence lawyers offer a free initial consultation to review your situation and provide clear, practical advice on your options.

A medical negligence claim is made by an individual against the medical practitioner responsible for an injury that has caused harm during treatment.

The first step in making a medical negligence claim is discerning whether or not you are eligible to make a claim. Questions to ask yourself include: Were you injured while being treated by a medical practitioner? Was the injury caused by negligence? Have you suffered any economic loss and/or pain and suffering due to the injury? If you answered ‘yes’ to these questions, then you may be eligible to make a medical negligence claim, in which case you should contact a personal injury lawyer to discuss your case.

To help your personal injury lawyers understand your case you should gather as much evidence of your injury as possible, including details of your medical treatment and the negligent incident, the assessment of your injury as a result of the negligent incident, proof of economic loss (records of time taken off work, doctors certificates, receipts for treatment, etc.), and identify the practitioner responsible for your injury. Using this information, your legal team can make an assessment on the potential outcome of your case if you were to pursue compensation and the next steps.

Your legal team will prepare and submit the necessary court documents to initiate your claim. They may also obtain expert evidence from independent specialists to support your case. If a settlement cannot be reached, your claim may proceed to court proceedings.

In New South Wales, medical negligence claims are governed by the Civil Liability Act, which sets out the legal standards that health professionals owe to their patients. To succeed in a medical negligence compensation claim, you must demonstrate that the medical professional breached their duty of care and that this breach directly caused your injury or loss. This often involves gathering comprehensive medical records, expert medical evidence, and other documentation to support your case.

If you win your medical negligence claim, your legal costs will mostly be paid by the defendant (this could be the specific medical practitioner or the institution the medical practitioner/s are employed by). It is also standard to pay some of the costs for legal fees out of your compensation settlement. Professional fees, which refer to the charges for your solicitor’s legal services, are typically covered as part of the compensation settlement and are separate from other legal costs such as disbursements or out-of-pocket expenses.

In the vast majority of cases, most medical negligence cases are settled informally before court proceedings begin. These cases are usually resolved with the insurers and medical providers before there is a need to go to court. It is standard to offer a lump sum to the individual/s making the claim; in exchange, the individual/s agree not to sue.