Medical Negligence - Your Rights

Have you suffered an injury due to a health practitioner failing his/her duty of care?

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Medical Negligence

Diana Farah - Partner

You’ve suffered an injury, what do you do now?

If you’ve suffered any type of injury due to medical negligence or malpractice, you need to ensure your rights are protected and your entitlements secured. As experienced experts in medical negligence Carroll & O'Dea Lawyers have 118 years of experience to help you get the compensation you deserve.

You have a right to trust your medical practitioner, but if things go wrong Carroll & O’Dea Lawyers can get you the compensation you deserve and protect your rights. When you are undergoing treatment, the last thing you want is a longer recovery time, extra procedures or unexpected mishaps.

Carroll & O’Dea Lawyers can provide you with clear advice on your options across many areas of medical negligence including:

Anaesthesia
Cancer
Chiropractic
Cosmetic surgery
Dental
General surgery
Obstetrics
Orthopaedics
Radiology

If you think you have been given poor or misleading medical advice, inappropriate treatment or a medical practitioner has breached his/her duty of care, contact us today. We offer a no obligation consultation and we will also run your case under our ‘no-win no-fee’ to us policy. To view our policy click here.

Did you know?

We have successfully won cases before in all areas of medical negligence such as misdiagnosis and delayed diagnosis of cancer and other illnesses, general and surgery malpractice, obstetrics, cosmetic surgery, emergency medicine, informed consent and drug interactions.

Frequently asked questions

What is medical negligence?

Medical negligence or malpractice occurs when a medical practitioner, health professional or health facility fails in his/her duty of care or fails to take reasonable care, causing you an injury, physical or psychological, as a result.

Why should I see a lawyer?

A lawyer can advise you of your legal rights and whether you have a viable claim.

If you have been injured as a result of any medical treatment or procedures including obstetrics, orthopaedics, dental, general surgery, radiology, anaesthesia, chiropractic, cancer or plastic and cosmetic surgery it is a good idea to seek legal advice as soon as you can as it is not always obvious if you do have a claim.

What will happen at my first meeting?

The first meeting will be with a partner and the lawyer who will work closely with the partner on your file. The partner however has the ultimate responsibility for your matter.

During this meeting you will be asked to provide a summary of the injury, how it was sustained and other relevant information. Preliminary advice might be provided about your rights and options at this stage. Participating in this process does not commit you to any course of action. The first meeting is no obligation, it is simply to exchange information and give preliminary advice.

We will also tell you if you do not have a case. That way you can move on and put the matter behind you, or seek a second opinion.

How much will it first cost to see a lawyer?

The first meeting allows you to work out what your rights are and what your claim might be. If you don’t have a claim, we will tell you that first up. These first consultations are also without obligation. You will only pay the cost of this consultation at the completion of your case if you are successful.

What does 'no-win-no-fee' mean?

The Partner will assess your case and advise if we will act on a no-win-no-fee basis which means you will not be liable for our costs unless there is a successful outcome. In some instances you may have to pay disbursements. Disbursements are the costs of running your case such as fees charged by experts for providing reports and Barristers fees.

If successful in your claim, you are entitled to recover some of the costs from the other party, but invariably there will be a gap that will be paid by you, incurred from the successful judgement settlement, at the completion of the matter. Carroll & O’Dea Lawyers will however ensure you are aware of what costs might be incurred.

How long will my claim take to be resolved?

At Carroll & O’Dea Lawyers we understand that engaging a lawyer can be stressful.

However, in most cases the injury needs to stabilise before the claim can be fully resolved. Some cases can take years, however at Carroll & O’Dea Lawyers we work as quickly as we can to progress the matter.

In most cases and where appropriate, before the matter goes to court, we try to achieve an early resolution by way of a settlement conference or mediation. If this proves successful it will save a lot of time and money.

The first meeting: What should I bring?

Necessary: A copy of your driver’s licence or any other identification.

Other Items: Any paperwork that has been provided to you. This could be in the form of reports, medical certificates, and letters. It’s not critical to have all documentation but it helps the lawyer to gain an overview of the potential matter.

How much might I get if my claim is successful?

The pie chart below illustrates how a claim may be constructed, with amounts for items such as medical expenses, loss of income, nursing/care costs (including care provided without payment by a family member or friend) and so on. The compensation sum will usually include an amount for pain, suffering and loss of enjoyment of life (sometimes called general damages or non-economic loss). In addition, the compensation sum will usually include an amount for the majority of the legal costs incurred by the person making the claim.

Make an enquiry about your medical negligence matter

You can call our office on 1800 059 278 to ask questions about your circumstances and talk obligation free to one of our lawyers to find out if you should proceed with a claim. Alternatively, contact us using the form below and we will be in touch with you soon.

Alternatively find your nearest office here.

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About the author

Diana Farah - Partner

Diana Farah is one of Australia’s most experienced practitioners in medial negligence and other areas of compensation law such as motor accidents, public liability, dispute resolution, insurance law and litigation.