AUSTRALIAN HEALTH AND MEDICAL NEGLIGENCE SOLICITORS
Legal help for Australians who have suffered as a result of a medical malpractice
Our legal referral service provides patients and their families access to specialist medical negligence solicitors with expertise in handling compensation claims.
If you have been injured or harmed by poor medical or hospital treatment, our panel of lawyers can provide you with OBLIGATION-FREE LEGAL ADVICE. You may also be eligible for representation under a NO WIN NO PAY agreement.
Just call our helpline on 1800 529 835 or complete the Contact Form on the right of this page, and we will be in touch with you as soon as possible.
Finding the right medical negligence lawyer
Medical negligence claims are not the easiest to pursue. They are often vigorously defended by doctors and their insurance companies.
Finding a competent and experienced plaintiff solicitor can be very difficult. Some solicitors advertise themselves as experts in medical negligence law, when they in fact have little or no experience in the area, or they do have experience but they have only ever represented defendants (i.e doctors and hospitals) and not plaintiffs (patients).
The law firms whom we refer enquiries to have solicitors with Specialist Accreditation in Personal Injury (Medical Negligence). To be accredited by the Law Society as a specialist, a solicitor must pass rigorous assessments, demonstrate a high standard of technical legal knowledge, core skills and practical capabilities. To maintain their specialist accreditation, they must also demonstrate continued substantial involvement and legal education in their specialty.
By speaking with patients, lawyers, barristers, we have attempted to locate excellent medical negligence lawyers with solid reputations as experts in this area. It is through feedback to this website that we are able to assess the quality of the solicitors we refer to. Moreover we only refer to plaintiff lawyers with a genuine interest in patient's rights. And the best part is that this referral service is free for patients and their families with genuine claims.
Contact our service today for free assistance. Call our helpline on 1800 529 835.
The Law of Negligence
Most medical negligence cases involve failures in the areas of treatment, diagnosis or provision of information or warnings.
- failing to perform surgery with reasonable care and skill;
- failing to provide post-operative care with reasonable care and skill;
- failing to provide the appropriate referral for the condition;
- failing to appropriately treat a condition.
- failing to diagnose a condition;
- delay in diagnosis of a condition resulting in a poor outcome;
- failing to report correctly on test results.
Provision of Information/Advice:
- failing to warn of risks associated with a procedure or treatment;
- failing to advise of alternative treatments and/or procedure
Civil legal proceedings in Court for compensation arising from the circumstances of the adverse medical event, usually involve the claimant or "plaintiff" seeking to prove the tort of Negligence before the Court. A good solicitor will have a thorough understanding of all legal elements.
All 3 of the following elements must be proven to establish a case of negligence:
1. The doctor owed the patient a duty of care;
2. The doctor breached that duty of care by some act or omission;
3. This act or omission has caused the patient harm or loss (e.g physical, psychological, financial).
Approximately 3% of medical negligence claims end-up in court, with the majority of claims settling out of court through negotiations.
Types of Cases
Personal injuries (including physical damage, psychological damage, death) can occur in all medical specialties.
Additionally, medical negligence claims are not limited to law suits against doctors; claims can also be brought against other health professionals such as dentists, nurses, midwives, physiotherapists etc.
When to seek legal help
When seeking legal advice you must ask yourself: What do I really want?
Do I want an investigation? An apology?
Do I want my complaint noted so as to prevent similar accidents?
You could instruct a solicitor to act for you in making a complaint only. Complaints are best dealt with by bodies such as the Health Care Complaints Commission. But if your need is financial compensation you must see an experienced medical negligence lawyer as soon as possible.
There are strict time limits which apply to all compensation claims in Australia. Failure to bring an action within the required time period means that you will lose your right to compensation. Call our solicitor helpline for assistance.
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