Medical Malpractice

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The prospect of taking legal action against a doctor or hospital can seem overwhelming. It’s a process that is not only highly specialised but is complex and challenging. Bernard has been providing this expertise since 1990.

Typical Claims

  • Delay in diagnosis
  • Failure to diagnose
  • Obstetrics and birth complications
  • Pharmaceutical errors
  • Surgical errors

In order to be successful in a claim for medical negligence you need to demonstrate that there has been a breach of duty of care to you, which has caused you to suffer a significant injury.  If you believe that you may have a claim to bring for medical negligence you should speak to a solicitor immediately.

Strict time limits apply in New South Wales for the bringing of legal actions for personal injuries.  Generally speaking, in New South Wales you have 3 years within which to commence a claim for personal injuries.  In some circumstances extensions of time may be available.  A lot however will depend upon your particular circumstances, and it is important that you seek legal advice as soon as you become aware that you may have suffered an injury.

Compensation for personal injuries is governed by legislation, which determines how much an injured person may obtain for pain and suffering.  Other heads of damages you may be entitled to can include past and future care, past and future medical expenses and economic loss.  A lot will depend upon your particular circumstances and on the medical evidence obtained on your behalf from medical experts which will determine the extent of your claim for damages.

McHardy law provide legal representation on a ‘no win no fee’ basis.  This means that you will not be required to pay any legal fees unless you achieve a successful outcome, either by way of an out-of-court settlement, or a Court verdict in your favour. However, before we can provide advice about your prospects of succeeding in a medical negligence claim, we need to obtain expert evidence on your particular circumstances.  The costs of these reports will need to be paid by you before we can determine whether your claim has reasonable prospects of success.  Depending on the speciality of the experts retained to provide these opinions, a typical expert report can cost between $2000-$5000.

Typically it can take up to 2 years for a medical negligence claim to be litigated through the Court, however a lot will depend upon the type of claim that is involved, the complexity of the issues concerned and the evidence that is required to prove your case.  Most cases can be resolved through alternative dispute resolution or mediation which will result in your claim being finalised earlier than through the Court process, and with significantly less legal fees and expenses being incurred.

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