Joelle Matar featured on 2GB discussing medical negligence claims – 20 March 2021

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CM – Chris Smith / JM – Joelle Matar –  C1,2,3, etc – Callers 

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Read the transcript below:

CS       Jo, one of our listeners, he has sent us a note via the email, 2GB@turnerfreeman.com.au, he has a permanent injury in his shoulder after having surgery and he thinks that he has a claim but he’s concerned about the costs. He wants to know how that side of things works and if he would be liable for costs if his claim is not successful. Good question.

JM      Look it is a valid concern, and it is a common concern, so you know a lot of people, as you know these days, they work very hard for their money and when you’ve got an injury that sometimes affects your ability to work, obviously finances aren’t going to be great and the last thing you’d want is to actually commence legal proceedings and end up having to pay money out of your pocket. Now, we work on a “no win, no pay” basis, which means that we work from the outset right up until the end and payment of our fees is conditional on a successful outcome. There is a risk of course if the matter was to go to a hearing, and he was to lose the hearing, then there is the risk of potentially having to pay the defendant’s costs. Having said all of that, you don’t really get to that point that quickly, so in order to commence proceedings, you need to obtain expert evidence that supports all of the allegations of negligence and the causation of the injury. Up until you’ve got that evidence, Chris, you can’t really commence legal proceedings in court. So it’s a bit of a protective layer so by the time you go from investigating the claim to commencing proceedings, which is when your defendant becomes involved, you are…

CS       You can make a decision about that right?

JM      Well yeah, you’d have to be satisfied that there are reasonable prospects of succeeding, so by the time you get to that point, it’s unlikely that you would lose the hearing, if I could say that.

CS       So Jo, you can get started on this without too much of a concern. Now from Jo to Joanna, Joanna’s son is six, she’s considering litigation, she wants to know if there are specific procedures for claims involving minors.

JM      Okay, well yes, so minors can of course put on claims, they can bring on a claim for personal injury just like everybody else, but they do require a legal tutor, so it is somebody that can make decisions on their behalf, they are the person that usually gives instructions, it’s usually one of the parents, but also there are additional protective measures that apply to claims for minors or even people with a cognitive impairment, so people that cannot make decisions for themselves even though they are over the age of 18. So if a matter was to settle, the settlement is not considered full and final until it is approved by the court as being in her son’s best interests and that’s just to make sure that the parties have done the right thing and also to make sure that the parent has also done what’s right for their son.

Turner Freeman Lawyers is famous for getting people the compensation they deserve. Search Turner Freeman Lawyers. Call 13 43 63 or email your enquiry to 2GB@turnerfreeman.com.au

JM      Pleasure.

VOICEOVER

Turner Freeman Lawyers is famous for getting people the compensation they deserve. Search Turner Freeman Lawyers. Call 13 43 63 or email your enquiry to 2GB@turnerfreeman.com.au.