Home Health Your health, your rights: tips for nailing a medical negligence claim

Your health, your rights: tips for nailing a medical negligence claim

6 min read
medical negligence claim

Medical negligence is a common problem in Australia. Unfortunately, only a small percentage of these incidents are rectified, as many of the victims are unaware of their rights and the action they can take against the offending practitioner.

If you have suffered at the hands of medical malpractice, then you should know that you have legal options at your disposal. The best solicitors Canberra has available can help you rectify this unfortunate situation with the aim towards being awarded due damages.

With this in mind, let’s take a look at a few tips that can help you in your journey toward remedying this stressful situation:

  1. Speak with the experts first

Although you technically can represent yourself in Australian court, it is simply the best option to consult the most reputable solicitors Canberra has available. Why? For the simple reason that if you are not a legal professional your chances of winning in court are much lower than if you had the experts on your side.

They have a longstanding knowledge of medical negligence claims and how to handle them from start to finish. They will provide professional advice, help gather evidence and represent you in court to the fullest capacity, providing you a far greater chance of remedying the issue.

  1. But don’t skip out on doing your own research

Although your legal professional will help you get the best results from this situation, you should conduct your own research. Whilst you obviously never wanted to be in a situation in which you had to do your own medical negligence research, it will help you make your own decisions regarding the case and how you would like it to unfold.

  1. Don’t wait to file the claim

Waiting to file the claim can be seriously problematic. Why? Because it will dramatically reduce your chances of winning court, let alone returning a higher amount of damages. You have up to three years to make your claim in Australia, but ideally you will go to work on making the claim as soon as possible, as you will no doubt want to get the situation rectified with the best chances of returning a positive result.

  1. Keep complete records

When the time comes that you go to court and challenge the practitioner you will want to have all necessary documentation on hand. If you are lacking specific documentation attributed to your case, it is possible that this one piece of missing evidence alone could throw out your case, so whatever documents you accrue in the course of your case, be sure they are on hand come court day.

  1. Contact experts who could possibly provide testimony

There is nothing more damaging for a malpractitioner than the victim having a medical expert in their corner. Expert testimony goes a very long way to winning the case, as they can attest to the pain and suffering that your particular situation caused you. And, even if the case is settled outside of court, the malpractitioner will generally offer higher damages as they know that you have expert testimony awaiting them if the case were to go to trial.
Be sure to enlist the above tips for your medical negligence claim as they will help you achieve the best outcome from this unfortunate situation. But, most importantly, ensure that you have a qualified legal professional in your corner to ensure that the process runs smoothly and that you have the best representation in the court of law.

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