Choosing a Medical Negligence Lawyer

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A medical negligence lawyer's role is to advise the client, investigate the merits of a compensation claim, and provide legal representation in a lawsuit against a doctor, hospital or other healthcare professional.

Our Australian lawyers are highly experienced in medical negligence law. They are able to investigate your case and provide you with comprehensive and accurate legal advice. If you are looking for legal help, however complex your case may be, then you have come to the right place. Finding the right lawyer can be a frustrating process as there are hundreds to choose from. Choosing the right law firm can not only save you money, but it can ensure that you achieve the best possible outcome.

If you would like obligation-free legal advice on claiming compensation, please call our free helpline or complete the Contact Form and we will be in touch with you as soon as possible.

Initial interview

At the initial interview, or soon after, lawyers are able to provide you with advice covering some or all of the following (according to your individual case):

  1. the possible causes of action open to you;
  2. a preliminary opinion of the chances of success in the cause or causes of action or whether an opinion cannot be given until 6. or 7. have been completed;
  3. the types of compensation (heads of damage) likely to be awarded;
  4. the process or processes which may be used;
  5. what action or investigation will be taken and when it will be taken;
  6. any action which the client is required to take;
  7. an estimate of the likely time frame involved.

Investigation

Due to the complex nature of medical negligence cases, initial advice may be limited to a general opinion as to whether the case is worth investigating. It is usually after obtaining and reviewing of medical records, witness statements and expert medicolegal reports that your medical negligence lawyer will be in the best position to advise you in detail.

Comprehensive Legal Advice

Once your medical negligence lawyer has completed their investigation of your potential compensation claim, they will then be in a position to complete an analysis of the facts and the available evidence as to the merits of your case and the appropriate process for resolution of the dispute.

The legal advice provided by a lawyer following an investigation of the claim, includes:

  1. all the options available to you— both legal and non-legal options;
  2. the advantages and disadvantages in relation to each option;
  3. an assessment of the merits of each option.

The options may be, for example:

  1. to commence proceedings immediately;
  2. to write a letter of demand threatening proceedings;
  3. to write in a more conciliatory tone suggesting mediation or expert appraisal or some other method of resolving the dispute;
  4. to do nothing.

Ultimately, it is the client's choice (i.e. your choice) whether to commence litigation or other process. However, the client makes the decision after having been given all the relevant information by their solicitor.

Time Limits

If you have suffered an injury that is the result of somebody else’s negligence, then you should seek legal advice immediately as time limits apply. In most Australian States, you generally have only 3 years within which to make a medical negligence claim. Time limits do vary depending on the circumstances of the case (eg for children, persons under a mental disability, latent diseases) so you should seek legal advice straight away to find out whether your time limit for making a claim has expired.

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