Common questions we get about medical negligence claims
The thought of suing a doctor, hospital, or other healthcare provider can be intimidating. However, medical negligence is a serious issue, and as experts in this area of law, we can support you to seek appropriate compensation for what you have been through.
What kind of medical negligence claims can be made?
A medical negligence claim is brought when a health service provider fails to give reasonable treatment, care and advice to a patient. You may be entitled to make a claim if your health service provider’s acts injured you directly, or the provider failed to:
- Warn of you of material risks that would have stopped you from going ahead with treatment;
- Diagnose a condition within a reasonable period of time;
- Refer you to an appropriate specialist; or
- Correctly report on test results.
These are examples only, and there are many variations. Medical negligence claims can involve all sorts of health care conditions and injuries affecting any part of the body, as well as psychological conditions.
Wrongful death claims and nervous shock claims can be brought where medical negligence has led to the death or injury of a loved one.
Will I have to go to Court?
Most well-developed medical negligence claims settle outside of court in an alternative dispute resolution process, through negotiation or at mediation.
Prior to a hearing, there will be a number of opportunities for you to try to attempt to negotiate a settlement with the defendant.
What compensation am I entitled to receive?
The four most common heads of damages claimed in medical negligence matters are:
- General Damages
- Economic loss and loss of earning capacity
- Out of pocket expenses
- Domestic care and assistance
The damages claimable depend on the nature and extent of the injuries suffered and your circumstances. Your team of legal experts will guide you through the options specific to your case.
How long does it take to finalise a claim?
Medical negligence claims can take some time to be developed, due to the complex nature of these types of claims. It is important and may be necessary to wait for injuries to stabilise before a claim can be finalised. A premature settlement might mean you miss out on a significant amount of compensation to which you are entitled.
Even if you receive an early offer from a defendant, it is important that you not rush into accepting any settlement offer before seeking legal advice.
Can I afford legal advice?
MEJ generally operates on a “no win no fee” basis for our legal professional fees and provides complimentary initial consultations. Speak to us for further details.
MEJ can provide further advice on the above questions and tailor the answers to your circumstances so that you can better understand if you have a right to compensation and what that looks like for you.
