What to expect during the medical negligence claim process
Every medical negligence case involves a unique set of medical facts and legal implications. However, there is generally a set of steps that are required to be taken during the life of each case. Our team of dedicated medical negligence lawyers will guide you through each of these to ensure that you arrive at the best possible outcome.
A member of our dedicated New Client Services team will have a preliminary discussion with you about your case and will arrange for you to meet with one of our Medical Negligence lawyers.
You will then meet with one of our caring and knowledgable Medical Negligence lawyers. Your lawyer will have a detailed discussion with you about the treatment you received and any injuries you have suffered. Your lawyer will then provide you with preliminary advice about your prospects of success and whether we can pursue a claim on your behalf. If so, your lawyer will discuss the evidence that will need to be obtained on your behalf and outline the next steps in the process.
Your legal team will then obtain the necessary medical records, usually being those relating to the incident in addition to those relating to treatment of your injuries. A thorough and detailed review of your medical records is then conducted, after which your lawyer will provide you with updated advice the strength of your claim and what further evidence will be required to prove your case.
To bring a medical negligence claim, it is usually necessary to obtain a report from an independent medical expert which comments on the standard of care you received. For your case to succeed, we will need an expert’s opinion to support that the treatment you received fell below the accepted standard of care and skill, and also that your injuries were caused by negligence in your medical care.
We may also arrange for you to be examined by an independent medical examiner in order to prove that your injury meets the threshold to bring a claim for compensation set out in legislation.
If the independent evidence we gather supports your case, we will then lodge court proceedings on your behalf.
While it is important to remember that most medical negligence cases do not proceed to a trial, it is usually necessary to start proceedings in court so that your case can move through the formal legal processes. Your case will move through a number of stages in the court process that allows for the parties to exchange documents and narrow the issues in dispute.
Most medical negligence cases resolve at a settlement conference without the need to proceed to a trial.
In rare cases, the parties are unable to reach a settlement and the case proceeds to a trial. Whether we take your case to trial is completely your choice and our team will provide you with expert advice and support every step of the way.
We are the original No Win, No Fee* Medical negligence lawyers
This means that if you don’t win, you don’t pay the fees for the work we do on your case.
Our team knows how to maximise your compensation while minimising stress of the medical negligence process
Medical negligence is a broad and complex area of law. We are longstanding experts in these cases and we have successfully obtained compensation for thousands of clients who have been injured in various circumstances.
We understand that suffering an injury in the course of receiving medical care can be distressing and that these cases are complex. Our lawyers will work with you to fully understand your situation, advise you of your rights to compensation, obtain the right evidence and pursue your case on your behalf. Contact us today.
