The purpose of this website is to:
provide legal information and current affairs news on Australian health and medical negligence law.
provide an obligation-free referral service for patients/victims of medical negligence wanting legal advice about their legal rights.
provide a directory of support services including listings of mental health professionals with experience in counselling victims of medical negligence.
FOR PATIENTS & THEIR FAMILIES:
We are offering an obligation-free legal referral service which provides patients and their families access to solicitors/lawyers with expertise and extensive experience in Australian health and medical law, medical negligence, personal injury and compensation.
Our panel of solicitors can provide you with OBLIGATION-FREE LEGAL ADVICE.
If you would also like legal representation, the lawyers whom we refer to may be able to offer you a
NO WIN NO PAY agreement.
Just complete the Contact Form on the right of this page, and we will be in touch with you as soon as possible.
To be awarded medical negligence compensation, you must first establish that there has been negligence.
There are 3 main elements that must be proven according to common law-
1. The doctor owed you a duty of care;
2. The doctor breached that duty of care by some act or omission;
3. This act or omission has caused you harm/"damage".
(Note that the law varies slightly State to State, and is slightly modified by legislation such as the Civil Liability Act).
So the first issue a medical malpractice solicitor will look at is whether you have a case for medical negligence compensation.
Firstly, they will speak with you to determine whether you should investigate a claim. If your case has some merit, a solicitor may then take a statement from you and then obtain and review your medical records. They will usually then advise you as to whether you should go ahead and obtain an independent expert medical report(s).
After review of the evidence, a medical malpractice solicitor will then be in a better position to advise you as to your chances of success in pursuing a medical negligence compensation claim. They will speak to you about the next steps involved- which may involve commencing legal action, or sending a letter of demand to the defendant's insurer.
A common question that patients ask their medical malpractice solicitor (also referred to as a medical negligence lawyer or solicitor), is "how much is my claim worth"?
This can be very tricky to answer, as every case is different. Medical negligence compensation is awarded according to the "damage" or harm and loss suffered. A medical malpractice lawyer will need to quantify your claim on the basis of what losses you have suffered, and what needs have been created as a result of the negligent act.
Your entitlements to medical negligence compensation may include the following:
Some of the factors which may be considered in assessing your entitlements to medical negligence compensation include:
If your medical bills are being paid by either Medicare or a private health insurance company, then these benefits must be repaid out of any settlement money received. Similarly, any income payments made by Centrelink whilst your are incapacitated, must be repaid to Centrelink if you receive compensation for your lost earnings or your inability to earn an income.
So as you can see, there isn't a generally set figure for the amount of compensation you can claim; it all depends on your individual case and your particular needs as a result of the negligence.
The advantage of seeking advice from a specialist medical negligence solicitor is that they have dealt with many cases and have a general idea as to the range of money that an insurance company will offer, or a court will award if the case is litigated.
Our team has extensive experience in assisting patients with their medical negligence compensation claims.
Some people choose to make a complaint in addition to or instead of a compensation claim. Whether or not you decide to pursue a compensation claim, you can still make a complaint to an independent government body/commission. Please see contact details below.
A solicitor can provide legal advice and assistance in preparing your complaint. Feel free to contact our helpline or submit a Contact Form for legal help.
Click the link above for contact details in your State.
CALL OUR HELPLINE ON:
1800 529 835