No Win No Fee on all compensation claims

Medical Negligence Lawyers

Available in New South Wales, Queensland & South Australia

Medical negligence and medical malpractice is a complex area of law and requires specialised knowledge and skill. Our medical negligence lawyers have the requisite expertise to take on your malpractice claim or compensation. If you have suffered such an injury, then you may be eligible for compensation.

The service I received from Turner Freeman was absolutely brilliant. They were fantastic in every way.” Mary Rogers

What is Medical Negligence?

Medical negligence takes place when an injury is suffered as a result of negligent treatment provided by a health care practitioner, in most circumstances, by a doctor.

The different types of Medical Negligence

Medical Negligence and malpractice fall under different categories:

  • Misdiagnosis
  • Birthing injuries
  • Bowel perforation
  • Surgical infections
  • Injuries caused by defective products
  • Anaesthesia errors
  • Cosmetic surgery injuries

In any circumstance, if you were injured by a doctor or other health care professionals we can help turn your life around. There are complicated laws surrounding medical negligence and navigating it by yourself can add to the stress that you are already facing. Our medical compensation lawyers can help you get back on your feet by providing the compensation you deserve.

Turner Freeman have medical negligence lawyers in New South Wales, Queensland and South Australia ready to help you with your claim.

Proving 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.
  • Then 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.

Making a Medical Negligence Claim

Making a claim can be difficult but our team of medical negligence experts can help you investigate your situation, and put together a claim for you, ensuring you are compensated for your injury. 

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 have the expertise to ensure that your case is handled with utmost care and ability.

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.

Our Medical Negligence Compensation Process

Turner Freeman strive to streamline your medical negligence process as much as possible alleviating the legal stress from your hands. Our team of negligence experts understand that each case is unique and may be subject to different legal implications.

  1. Contact Turner Freeman

    Telephone Turner Freeman on 13 43 63 or fill in our online form. Tell us you have been subjected to medical negligence and that you would like to speak to a lawyer.

  2. Our medical negligence lawyers get in touch with you

    One of our lawyers will speak to you and arrange to see you at our office. If you cannot travel, the lawyer will visit you at home or in hospital.

  3. Relevant documentation recorded and collected

    Our lawyer will obtain all of the information from you necessary to run the claim including collecting medical records and other information relevant to your medical negligence claim.

  4. Medical negligence compensation entitlements discussed

    Once we have attained enough proof that medical negligence has in fact taken place, we will discuss you compensation entitlements available to you.

  5. Our medical negligence lawyers prepare you claim

    If you proceed, your lawyer will prepare your medical negligence claim, lodge the appropriate documentation to ensure the claim is successfully concluded. Your lawyer can also speed up the claim if your health is failing.

  6. Claim settled before court trial

    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.

Our No Win, No Fee Medical Negligence Lawyers

At Turner Freeman your Medical Negligence claims are in good hands.

We have a dedicated team of experts in the area of medical negligence lead by Sally Gleeson who, for 5 years in a row has been named one of the recommended and leading medical negligence compensation lawyers in New South Wales. So if you have suffered an injury due to the negligence of a doctor, nurse, physician, hospital, clinic, or other medical professional get in touch with us today on 13 43 63.

Sally Gleeson Leading Medical Negligence Lawyer in NSW 2015 | Turner Freeman LawyersSally Gleeson Leading Medical Negligence Lawyer in NSW 2016 | Turner Freeman LawyersSally Gleeson Recommended Medical Negligence Lawyer in NSW 2017 | Turner Freeman LawyersSally Gleeson Recommended Medical Negligence Lawyer in NSW 2018 | Turner Freeman LawyersSally Gleeson Recommended Medical Negligence Lawyer in NSW 2019 | Turner Freeman Lawyers

Contact a Medical Negligence lawyer near you

Turner Freeman Lawyers have medical negligence experts around Australia. Call us on 13 43 63, contact us via our online enquiry form or use our LiveChat feature to get in touch with our medical negligence specialists.

Our medical negligence lawyers can be found in one of our many offices in NSW, QLD or SA.

Our NSW offices are in SydneyParramattaCampbelltownNewcastlePenrithWollongong, Norwest, Windsor, Toronto and Gloucester.

Our Queensland offices are in BrisbaneLoganNorth LakesIpswichToowoombaGold CoastSunshine Coast and Cairns.

Our South Australian offices are in Adelaide and Whyalla.

WANT TO KNOW MORE

Frequently asked questions about Medical Negligence

What is considered malpractice?

To be considered for medical malpractice, a violation of standard of care must have taken place where significant injury was caused by negligence.

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.

What are the 4 D's of medical negligence?

The 4 D’s of medical negligence are:

  • Duty – Health care practitioner duty of care.
  • Deviation or Dereliction – Whenever the health care practitioner has not upheld the stand of care agreed upon.
  • Direct Cause – Proving the plaintiff has had a direct cause of injury caused by the health care practitioner’s negligence.
  • Damages – How much you have lost or suffered due to medical negligence.

Are there any time limits?

Yes. There are strict time limits applicable to motor accident claims depending upon your circumstances.

In general, the incident, whether it was a car accident, truck, push bike or motor bike must be reported to the NSW police force within 28 days from the accident; and The Motor Accident Personal Injury Claim Form (MAPICF) must the completed and lodged with the CTP insurer and driver at fault within 6 months from the date of accident.

The Accident Notification Form (ANF) must be completed and lodged with the CTP insurer at fault and driver at fault within 28 days from the accident.

Proceeding must commence in the appropriate Court within 3 years from the date of accident. By failing to adhere to these strict requirements you could jeopardise the success of your case entirety, as leave may not be granted.

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.

Our medical negligence lawyers 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?

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.
  • Then 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?

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?

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?

Yes.

You have 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?

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?

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.

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