Medical Negligence

You have a claim against a medical service provider if you can show:

• The medical service provider owed you a duty of care. You are owed a duty of care by your doctor and hospital
• The medical service provider breached their duty of care to you. For example, your GP owes a duty of care to investigate any health complaint properly. If they don’t, they may have breached their duty of care to you.
• Their negligence caused your injury. You need to show a direct link between your current health condition and the treatment provided by the doctor or hospital.

Medical negligence is more than a simple mistake. An experienced lawyer will be able to establish if you have a claim and then guide you through the process of getting the compensation you deserve.

There’s no absolute answer to this. Each case turns on its particular facts and the law that applies to the circumstances of your case. At the lower end of the range, some claims are limited to $100,000 - $200,000 in damages. At the opposite end of the range there are cases where compensation is in excess of $10,000,000. Regardless of the size of the claim, our lawyers are equipped and trained to extract the maximum possible compensation you deserve.

Probably not. Courts throughout Australia now have a compulsory process that requires the parties to meet and negotiate in good faith before the case is given a date for a court hearing. As a result, about 95% cases settle out of court. Having said this, we will not hesitate to take the case to court if and when required.

• Step 1: Get legal advice as soon as possible. Just talking to someone with knowledge and experience, will take a weight off your shoulders.
• Step 2: Collect copies of your medical records, X-rays and scans, as well as any correspondence between you and medical practitioner (our team can request these for you).
• Step 3: Collect copies of all your receipts relating to the medical and other expenses associated with your injury (again, we can help with this).
• Step 4: Obtain appropriate expert medical evidence before commencing court proceedings (once again, we handle this for you).

If you experience financial hardship as a result of your injury, we can apply to the court on your behalf for an interim payment. If the application is successful, you will get part of your compensation before your claim is fully finalised.

This type of application depends on the circumstances of each particular case, but we have done this successfully for many clients, so don’t hesitate to speak to us if this applies to you.

In Australia (unlike USA) you can’t claim on behalf of the person who died, but you and your family members may have a claim for:

• Nervous Shock – the emotional impact that the death of your family member had on you and your family
• Compensation to Relatives – when family members were financially dependent on the person who died, they may claim for this loss

In addition to your claim for medical negligence, you may have 2 more claims for what’s called Total and Permanent Disability (TPD) under your:

• superannuation
• personal insurance policies, or both

We have a team of lawyers who specialise in superannuation, TPD and life insurance claims. They can tell you straight away if you are covered under any of these policies and can pursue your entitlements with the insurance companies.