Medical Negligence

Contacting a solicitor while receiving treatment.

Date: 26/06/2023

If you are currently undergoing treatment and believe you have been a victim of medical negligence, you could contact a solicitor with expertise in medical negligence matters to discuss your case. Seeking legal advice during ongoing treatment is a prudent step to protect your rights. Medical negligence cases can encompass various scenarios and unique circumstances. The outcome of a matter generally depends upon a number of factors, including the specific circumstances of the matter and the evidence available. By contacting a solicitor while still receiving treatment, you could gain a better understanding of the available legal options, actual and/or potential risks, any restrictions or limitations and knowledge of the necessary steps to protect your rights.

You should consider the following points if you are still receiving treatment and want to consult a medical negligence solicitor:

Time limits or limitation periods: Time limits apply in Australia. What it means is that a claim must be initiated within the limitation period. The limitation periods may vary depending on the state or territory where the incident occurred. Therefore, it is important to seek legal advice as soon as possible to ensure that your rights are protected.

Evidence: You need to think about gathering evidence for your matter. Evidence in medical negligence cases can include medical records, test results, photographs, witness statements, and other relevant information, such as a patient’s own notes. A solicitor can guide you regarding the necessary evidence required to build a strong case.

Expert opinion: Medical negligence claims generally require expert opinions, and a solicitor could assist you to identify and engage independent medical experts who could review your case and provide an expert opinion.

Compensation and risks: You may be entitled to compensation if your medical negligence claim is successful. However, the option of pursuing legal action also includes risks. Consulting a solicitor early can help you understand the relevant aspects of your matter and could make an informed decision without any unwarranted delays.

Legal costs: Legal costs in medical negligence claims can be significant. Law firms offer various types of fee arrangements, including working on a matter on a ‘no win, no fee basis’. It is important to do your research, understand the type of fee arrangement offered to you and discuss the fee structure and any potential costs with your solicitor during the initial consultation.

It is always better to consult a qualified solicitor regarding your specific situation. The law society of your State or Territory can assist in finding a solicitor or law firms that specialize in medical negligence. You could also do your own research about the law firms that specialize in medical negligence and arrange a consultation to discuss your own circumstances in detail.


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