Medical Negligence claims are highly-technical, so they often take longer to finalise than other personal injury claims. The time it takes to resolve your claim depends on:
- Your injury
- How much evidence is required
- Whether you’re inside the time limit
- The mediation process
- Whether you proceed to Court.
Your injury
The severity of your injury or condition can impact the length of your claim. For Medical Negligence cases, we suggest waiting until your injury reaches ‘maximum medical improvement’ to start a claim.
Our team will search for your additional claims during this wait period, including Income Protection and Total and Permanent Disability (TPD). These claims cover lost income, medical treatment, professional care, and other immediate expenses.
What is maximum medical improvement?
This means your condition is stable and unlikely to change over time or with further treatment. Once your injury stabilises, we can assess:
- The cost of your future medical treatment
- Your pain and suffering
- The cost of your future care
- Your loss of future earnings (and other income).
Making a Medical Negligence claim before your injuries stabilise can negatively affect your compensation. You may receive a smaller payout than you deserve, or miss out altogether. Additionally, once your claim is resolved, you can’t file again—even if your condition deteriorates.
If you’re unsure about when to file your claim, chat with one of our Medical Negligence team today.
Evidence
Obtaining medical records
You will need to obtain records of your tests, treatment, and other medical expenses to show how the injury has impacted your life. Depending on the severity of your injury, you may also need independent medical tests.
To obtain the records, you’ll need to contact your medical or government provider. These agencies are often backlogged and slow to fulfil requests. An experienced lawyer can speed up this process by organising medical tests and securing reports on your behalf.
Proving negligence
In addition to obtaining medical records, you’ll also need to prove the 3 elements of negligence:
- Your medical professional owes you a duty of care, and
- They breached that duty of care, and
- Their breach caused your injury.
You must provide strong evidence for all 3 elements. Without adequate evidence, your claim may be delayed or even denied.
A specialist lawyer can help you side-step delays and avoid unfair claim denials. We use our network of experts to craft an ironclad claim backed by compelling medical evidence.
Time Limits
You must generally begin your Medical Negligence claim within 3 years of sustaining or discovering your injury. Even if you’re outside the time limit, you may still claim if you have evidence explaining your delay. In some cases, compiling this evidence can increase the time your claim takes to resolve.
Mediation
You must go through mediation before proceeding to Court. This is a process where parties negotiate out-of-Court with the help of an independent third party. While mediation is usually faster than Court, your claim may be delayed if the insurer refuses to pay you a reasonable settlement.
In our experience, insurers are particularly unfair to unrepresented claimants, often pressuring them to accept less than their claim is worth. Speak to a lawyer if you’re dissatisfied with the insurer’s offer. We can take over negotiations and use our experience to secure the compensation you deserve.
Court
If mediation is unsuccessful, your claim may proceed to Court. It’s wise to have a lawyer guide you through this process, as Court requirements are complicated and mistakes delay the process greatly.
The process begins with a directions hearing, where both parties must turn over any relevant documents to the other party. If your claim is complex, the Court may order additional directions hearings.
A Court date will be set once the hearings are completed. This could be anywhere from a few weeks to a year into the future. The exact date depends on the availability of the Court, witnesses, and both legal teams. After your trial ends, the judge may take up to 3 months to issue their judgment.
If you or the insurer appeal the judgment, your claim will proceed to an appeal Court. This will extend the length of your claim.
Your Medical Negligence claim timeline
While every case is different, your Medical Negligence claim will roughly follow this timeline:
1. Get legal advice on your situation
It’s important to get legal advice before starting your claim. A specialist lawyer will estimate your claim’s chance of success and how long it could take to resolve. They’ll also outline your legal options and other entitlements. Often, these are worth substantially more than your Medical Negligence claim alone.
2. Review your medical history
You will need to review your clinical notes and medical history, as well as any evidence provided by the medical professional and their insurer.
If you choose to work with us, your lawyer will request reports and deal with all paperwork on your behalf.
3. Organise independent medical tests
Independent medical tests are essential for disputing claims made by your medical professional or insurer. They’re also a valuable tool for discovering mistakes or misrepresentations in your previous medical reports.
We have a trusted team of medical experts to assess our client’s injuries. As part of our service, we organise all appointments and cover upfront costs. This means you’re never out-of-pocket for your claim.
4. Compile evidence
Medical Negligence is a complex field of law, so you need strong evidence to support your case. Without sufficient evidence, your claim could be unfairly denied.
Using our national network of experts, we compile detailed evidence to prove that your medical professional was negligent. This includes independent medical assessments, specialist reports, and past cases similar to your own.
If your claim includes lost wages, you’ll need payslips and medical history reports to show how the injury impacts your earnings.
5. Begin mediation
You must first negotiate with your medical professional and their insurer in out-of-Court mediation. It’s likely your medical professional will have a tough legal team, so it’s wise to have your own legal counsel. A lawyer will handle all negotiations on your behalf and ensure you receive a fair settlement.
Wherever possible, we resolve Medical Negligence cases through mediation. It’s not only faster than Court, but it keeps legal fees low—so you keep more of your hard-earned compensation.
6. Go to Court (if necessary)
You can take your claim to Court if the insurer refuses to settle or offers you less compensation than you deserve.
We strongly suggest speaking to a lawyer before heading to Court—even if you handled mediation alone. A Medical Negligence specialist can advise you on the best strategy for Court, whether you’re representing yourself or engaging a Barrister.
If you need a Barrister, we can find you the most qualified option and brief them on your situation. We will also act as your primary legal contact and continue to advise on your claim.
7. Get your compensation
If you’re successful, you’ll receive lump sum compensation. This covers lost income, medical costs, family expenses, as well as the injury’s effect on your life.
With our 98% success rate, choosing Monaco gives your claim the greatest chance of success. Plus, if we don’t win your claim, you’ll never receive a bill from us. Our No Win No Fee guarantee covers all legal fees, administration, expert evidence, and Court costs.
Australia
