What counts as medical negligence?

Treatment, diagnosis or advice that falls below the standard widely accepted by peers, which causes injury.

What does no win, no fee mean?

You pay the lawyer's professional fees only if the claim succeeds. You may still be responsible for costs such as medical reports, and in some cases the other side's costs, so ask for a written costs agreement.

How long does a claim take?

Simple claims can settle within months. Claims involving serious injuries usually wait until your condition has stabilised so the full impact can be assessed, which can take a year or more.

Medical Negligence lawyers in Australia | Lawyers Directory Australia

What to discuss at the first meeting

Describe the treatment, the concern and the effect on you in chronological order. The lawyer should explain whether independent medical assessment is needed and how that differs from making a service complaint.

An unsatisfactory outcome does not by itself establish negligence; ask for an assessment based on records and appropriate expertise.

How the engagement may progress

Provide a chronology, relevant locations and employer or insurer details, together with forms and decisions already received.
Discuss medical, employment, incident and expense records. Ask who will obtain reports and how access, privacy and expert costs will be managed.
Have any offer, assessment or release explained before agreeing. Clarify what a resolution would cover and whether related claims need separate advice.

Fees and the scope of work

Ask for the written meaning of no win, no fee, including expenses, any uplift and possible other costs. The phrase alone is not enough to compare arrangements.

Ask for a written scope identifying the work you are authorising, the person responsible and when costs will be reviewed. If you only want advice on one step, say so before the firm begins wider work.

Dates to raise at first contact

Ask early about notice, claim and review limits in the relevant scheme. Keep the incident date and every insurer decision available for assessment.

Questions to ask a medical negligence adviser

What expert review is needed?
Is this advice about a compensation claim, complaint or both?
Which scheme or policy are you assessing?
Who pays for reports and other evidence?
What could I pay if the claim does not succeed?

Medical Negligence lawyers

Why medical negligence matters

The Australian context

Medical Negligence lawyers near you

373 medical negligence firms

Slater and Gordon Lawyers

Slater and Gordon Lawyers

Stacks Goudkamp

Stacks Goudkamp

Stacks Goudkamp

Tolson & Co

Tolson & Co

Tolson & Co

Tolson & Co

Tolson & Co

Turner Freeman Lawyers

Wiggins Cheffings Lawyers

Wiggins Cheffings Lawyers

A practical guide to medical negligence

What to discuss at the first meeting

How the engagement may progress

Fees and the scope of work

Dates to raise at first contact

Questions to ask a medical negligence adviser

Frequently asked questions

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