No Win No Fee on all compensation claims

Medical Negligence

AUSTRALIA

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.

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

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.

Medical malpractice claims

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.

Why choose us

No Win, No Fee

You will never be out of pocket. You do not have to pay unless we win your case. If we don’t win, you don’t have to pay us a cent.

Free case assessment

We will provide you with a free assessment of your potential claim. You are not obligated to retain us after your free case assessment.

Guaranteed 24-hour response

It’s vital that you get the process moving as quickly as possible, because there are time constraints on making claims.

CLIENT TESTIMONIAL

Mary Rogers' story

“I was in surgery for over 12 hours, I had multi organ failures. My husband had to take on the role of full time carer for me, the stress was enormous on all of us.

The service I received from Turner Freeman was absolutely brilliant. They were fantastic in every way. They met every need we had. They guided us, they gave us confidence in ourselves.

The lawyer who represented me was Sally Gleeson. I felt that she was very very wonderful to my case. She was passionate and very caring.

I was very pleased with the outcome of the matter. A brilliant firm.”

I believe I have a medical negligence claim. What can I do next?

Call us on 13 43 63 to speak with our medical negligence specialists or contact us via our online enquiry form. You can also chat with us online. Check out our LiveChat feature on our website.

Our NSW offices are in SydneyParramattaCampbelltownNewcastlePenrithWollongong and Gloucester.

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

Our South Australian offices are in Adelaide CBD and Whyalla.

mary rodgers testimonial | Turner Freeman Lawyers

CLIENT TESTIMONIAL

Mary Rogers' story

“I was in surgery for over 12 hours, I had multi organ failures. My husband had to take on the role of full time carer for me, the stress was enormous on all of us.

The service I received from Turner Freeman was absolutely brilliant. They were fantastic in every way. They met every need we had. They guided us, they gave us confidence in ourselves. The lawyer who represented me was Sally Gleeson. I felt that she was very very wonderful to my case. She was passionate and very caring.

I was very pleased with the outcome of the matter. A brilliant firm.”

WANT TO KNOW MORE

Frequently asked questions

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.

Are there any time limits?

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?

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?

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?

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.

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?

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.

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