Medical Negligence Claims: What Are The Steps Taken?

Negligence claims are an accepted fact where standards of care and safety fall below acceptable levels. Taylor & Scott Lawyers are there to support claimants when needed, providing extensive compensation law guidance to secure successful claim outcomes. Medical negligence is a complex compensation field requiring the investigative abilities of industry experts – that’s where Taylor & Scott’s medical negligence legal team can assist.

Q. What is the first step taken in assessing a medical negligence claim?

A. At Taylor & Scott, we investigate extremely carefully before advising a client to bring a medical negligence claim. The first step is a little different in each case, but there are basic steps that apply in most cases.

Lawyers require information, and medical expert lawyers at Taylor & Scott advise clients to “please fill an exercise book with as much information as you can”. Even seemingly irrelevant, embarrassing or trivial information can help to provide a complete picture. Ideally, this statement should be completed once you realise medical outcomes have not met expectations or standards. Information will answer important questions, including:

  • Were you given any warnings related to the medical procedure?
  • Did you sign any papers related to the medical procedure?
  • Were you given any promises in writing or verbally?

Additionally, a solid medical negligence claim is backed by accounts and statements provided by doctors, hospitals, chemists, therapists and anyone else involved in the medical procedure. It’s worthwhile making several copies of all documents; one set for Taylor & Scott compensation lawyers, and one set for yourself.

Q. What medical malpractice information can help a claim?

A. In cases of obviously botched medical procedures, claims can be relatively straight forward, but medical malpractice is often more subtle or deceptive, and a comprehensive negligence claim statement contains extensive details. Questions worth asking include:

  • When did you first realise your medical condition or operative results were flawed?
  • Did you discuss concerns with the person performing the procedure?
  • Did you complain when you realised things weren’t as they should be?
  • What did the treater say in response to your concerns/comments?
  • Did you get another medical opinion? What did they say?
  • What was your life like before the medical intervention?

Medical Negligence NSW

Q. Is medical evidence the only evidence used in a negligence claim?

A. All evidence can be useful, whether related directly to the medical procedure or external information providing the big picture. A lot of factors are taken into consideration, including the impact of the medical intervention on family, work and social dealings, along with ongoing quality of life. An obvious impact is monetary, and keeping all receipts and records of expenditure, including costs involved in trying to correct the medical problem, will help claimants attain best results. Taylor & Scott medical negligence lawyers assist in compiling a persuasive document, even offering a free case assessment prior to lodging the claim.

Q. What further steps does Taylor & Scott’s medical negligence legal team take?

A. Once we have gone through your statement with you, we will give you a broad overview of medical negligence law. If we believe your case has merit and is without legal impediments, we will investigate your case further and take the appropriate steps. This is all part of Taylor & Scott’s free case assessment process. Taylor & Scott lawyers contact doctors and hospitals on the client’s behalf to gather records for review and accurate collation.

Once it has been ascertained that the medical negligence claim has merit, a highly skilled barrister will be briefed regarding the claim. When the barrister has reviewed the documents and evidence he/she will arrange a conference to meet with the legal team and client. In addition to ongoing communication with relevant parties, Taylor & Scott Lawyers employ the services of independent specialists to provide expert opinion according to the evidence provided.

Q. At what point is a medical negligence claim official?

A. All the evidence is reviewed one final time by the barrister, Taylor & Scott, and you. Once the conference is complete, the barrister provides a written opinion on the merits of the case. If Taylor & Scott medical negligence lawyers and the barrister all agree it’s a viable claim, formal proceedings can commence. Taylor & Scott medical negligence lawyers take their job seriously, and suing a doctor/hospital or other health care professional requires an allegation that is backed by solid evidence and sound guidance. Our ‘no-win/no-pay’ guarantee protects claimants while also providing the encouragement to move forward with confidence.

At Taylor & Scott, “We Care For You”.

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