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How Do Medical Negligence Claims Work?
Andrew Byrnes Law Group • March 12, 2020
When a patient receives care from a medical professional at a medical facility, they are putting their safety and wellbeing in the hands of professionals. These professionals are expected to use reasonable skill and judgment as they examine, diagnose, treat, and advise their patients.
When medical professionals deliver care that falls short of the standard of a reasonably competent medical professional, it’s the patient who will bear the ongoing consequences.
Those who have suffered physical or psychological injury at the hands of their hospital, doctor, surgeon, nurse, technician, pharmacist, or any other health professional can potentially claim medical negligence compensation with the help of a legal expert.
If you have had a bad outcome from medical treatment you have received and believe you’re entitled to compensation, it’s time to speak to a skilled personal injury lawyer.
While it is possible to represent yourself in a civil medical negligence case, the law is very complicated regarding these matters and you may find it too challenging to prove medical negligence. You’ll find the expertise of a medical negligence lawyer to be invaluable as they understand the complexities of the law and can guide you throughout the entire process.
If you choose to make a medical negligence claim, you’ll need to know what to expect. In this article, we’ll be discussing the eight general stages of a medical negligence claim and how you can get through the process.
STAGE 1: Defendant is Notified
The first stage of commencing a medical negligence claim involves notifying the at-fault person, who is referred to as the defendant. With the help of a personal injury lawyer, you can prepare a written notice and have it delivered to them. This will ensure that the medical professional or facility is aware that a case is being brought against them.
STAGE 2: Insurers Get Involved
Hospitals and medical centres have insurance coverage to cover the risks associated with running such a practice. After the Defendant is notified, their insurer will step in and handle the case on their behalf and respond to the case you bring.
STAGE 3: Plaintiffs Gather Evidence
Your personal injury lawyer will begin to gather evidence and seek specialists’ opinions by having them prepare expert reports to assist you to prove your case. This is one of the first things your lawyer will help you with doing.
Evidence gathering should start early, but it is also an ongoing process throughout your claim.
STAGE 4: Defendant Admits or Denies Liability
Around this time, the defendant may admit or deny liability for your claim. If they admit liability, the insurer may then start negotiating a settlement to bring your claim to an end sooner rather than later. If they believe their insured is not at fault, then they may defend the claim and deny liability to pay you anything.
STAGE 5: Parties Have A Mediation or Informal Settlement Conference
A conference or mediation may occur where both parties outline their cases and try to come to a resolution. Many medical malpractice lawsuits end here. If yours does not, however, you may have to proceed to court.
STAGE 6: Matter Proceeds to Court
Court proceedings for medical negligence claims must typically be commenced within a 3-year period after the date of the incident or the day that you became aware of the injury being caused by the medical professional. The matter then proceeds through a series of steps governed by the particular Court you have commenced your case in.
STAGE 7: Parties Potentially Resolve the Case after Court Proceedings Have Commenced
The parties may choose to have a settlement conference or a mediation or otherwise be directed to do these things. It is here that many medical negligence lawsuits are settled.
Conclusion
Making a medical negligence claim in Australia can be incredibly complex, not to mention exhausting to go through the process.
That’s why high quality personal injury lawyers are there to make things easier for you and to guide you through what happens each step of the way.
Don’t risk receiving less compensation than the poor treatment you endured merits. With the expertise of one of our medical negligence lawyers, you can get through the process and receive the compensation you deserve to make it right.
If you’re located in Canberra, Queanbeyan, Wollongong, Goulburn or surrounds, seek legal advice from Andrew Byrnes Law Group today to see how we can help you with your medical negligence claim.
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