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Home | Personal Injury & Compensation Law | Medical Negligence

Medical Negligence Experts

Medical negligence is a complex area of law and requires specialised knowledge and skill. Lawyers who practise in this area must have the requisite expertise to do so.

Health care providers must provide treatment and advice that is competent. If they fail to act in accordance with a reasonable standard of care then they have breached their duty of care and you may be entitled to claim damages for your injuries.

Medical Negligence Claims in New South Wales

A medical negligence claim is a claim for compensation arising out of an injury suffered as a result of negligent treatment provided by a health care practitioner, in most circumstances, by a doctor. If you have suffered such an injury, then you may be eligible for compensation.

Professionals who fall into this category include:

  • General Practitioners;
  • Surgeons;
  • Specialists;
  • Doctors and staff of a hospital;
  • Allied health professionals such as physiotherapists and chiropractors.

A very important aspect of a medical negligence case is the use of the right medical experts. At Turner Freeman Lawyers, we collaborate with some of the best medical experts in the country. We have a long standing relationship with these experts and this places us at an advantage as compared with other law firms, with achieving the best possible compensation result for our clients. Our team of leading medical negligence specialists in New South Wales have the expertise to ensure that your case is handled with utmost care and ability.

Medical Negligence Lawyers

FAQ

What is the fee policy in medical negligence claims?

What is the fee policy in medical negligence claims?

No Win No Fee Personal Injury Lawyers | Turner Freeman NSWFor personal injury claims in the state of New South Wales we act for our clients on a ‘No Win-No Fee’ basis. So in other words unless we recover compensation for our client, we will not charge for our work. Be sure to ask one of our lawyers if you have any questions regarding our fee policy, as conditions do apply.

What types of actions make up a medical negligence claim?

What types of actions make up a medical negligence claim?

There are a number of different settings where medical negligence can occur. Some examples of these include:

  • Incompetent treatment, including surgery;
  • Incompetent post-operative care after surgery;
  • Failure to treat your condition or refer you to a specialist in a timely manner;
  • Delay in the diagnosis of your condition;
  • Failure to report correctly and/or follow up on test results;
  • Failure to warn of risks;
  • Incompetent prescription and monitoring of medication.

I'm not sure if I have a claim, what should I do?

I'm not sure if I have a claim, what should I do?

It is difficult to know whether you have a case or not, especially when you hear different things from people. This is where we come in.

We will investigate your case on a "No Win - No Fee" basis and without any risk taken on your part. We will have specific regard to your instructions and the clinical records. If your case appears to have merit, then we will brief the relevant medical experts and pay for their opinion. If we advise you to commence your case in Court, then again, we will pay the necessary costs in order to prepare your case for that course of action. If you do not win your case in Court, then you pay our firm nothing.

How do you prove medical negligence?

How do you prove medical negligence?

There are several thresholds that you have to meet in order to prove medical negligence or medical malpractice. The first threshold is that the health care provider who owed you a duty of care breached their duty of care through their treatment of you. To do this, we must show that the professional's actions were unreasonable and/or inappropriate. We must then prove that you have an injury that is worthy of compensation. The level of your injury must meet the thresholds imposed by the law. The whole process requires extensive collaboration with our medical experts with whom we have developed a very strong relationship over a long period of time.

What is the medical negligence claims process?

What is the medical negligence claims process?

The first step is for you to have a conference with one of our medical negligence specialists. We will assess your situation carefully and then we will give you our preliminary advice as to whether we can assist you further.

If we can assist you, we will forward you some paperwork which you will need to carefully read and sign. We can discuss this paperwork with you as many times as you like. We will then conduct our investigations and report to you with our further advice. If your case is commenced in Court, then we will push it towards an early settlement.  Most matters settle before they reach a Court hearing.

What is the cost?

What is the cost?

There are no up-front fees.

At Turner Freeman, we are primarily concerned with helping you rebuild your life in circumstances where you have been injured. For this reason, we operate on a "No Win, No Fee" basis.

We will fund the entire cost of running your case from start to finish. A proportion of your legal fees will be paid by the insurance company in addition to your compensation pay-out. You will not be out of pocket to our firm if you are unsuccessful in achieving compensation in your case at the finalisation of your matter.

Are there are time limits?

Are there are time limits?

Yes, in NSW you have three (3) years from the date that the negligence is discoverable to commence your case in Court. However, claims may still be made outside of this time frame in certain circumstances.

In every situation, it is always better to act quickly. You need to call Turner Freeman as soon as you suspect that your treatment has been inadequate. This gives us the advantage of time when trying to achieve the best possible outcome for you.

How much compensation will I get?

How much compensation will I get?

Every claim is different and depends entirely on your particular situation. We can give you an idea of how much compensation you may be entitled to receive after we confer with you, obtain your records and discuss your matter with our medical experts. The first step would be to prove negligence and if that can be proven, then we will advise you how much a judge is likely to award you and the value of your claim in compensation. We will keep you regularly updated throughout the course of your matter.

How long will it take?

How long will it take?

It is difficult to say how long a claim may take, however, one of our priorities is to ensure the speedy finalisation of your matter, ultimately through a settlement outside of Court. Most matters move quite quickly from the time that the case is commenced in Court. The Court ensures that parties cannot unnecessarily delay matters and obliges parties to adhere to strict Court timetables.

Our NSW office locations include Sydney, Parramatta, Campbelltown, Newcastle, Penrith, Wollongong and Gloucester.

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