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Medical Negligence Claims - Slater & Gordon

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Preparation will involve engaging a barrister to represent you at court<br />

as well as arranging the attendance of any witnesses.<br />

Communication<br />

How we communicate with you is an important part of our service.<br />

Your lawyer will ensure that your claim is reviewed at key points<br />

throughout litigation process and keep you informed of any<br />

changes which may impact on your expected result. This may be<br />

either in person, writing, email, by telephone, or fax.<br />

How long will my claim take to finalise?<br />

Most cases take between two and three years depending on the injury.<br />

As almost all claims are settled ‘once and for all’ it is important that any<br />

settlement takes into account any future problems that your injury may<br />

cause you such as whether there will be any future medical costs.<br />

If your case is particularly complex then it may take longer to resolve.<br />

This will depend upon various factors, such as the strength of your case,<br />

court delays, problems in gathering evidence and the willingness of the<br />

other party to negotiate a settlement.<br />

Many Courts have established specialist lists involving the conduct of<br />

medical cases and court management rules apply to ensure the effective<br />

and efficient management of claims. In addition, the Courts often<br />

require the parties to participate in a dispute resolution process, known<br />

as Mediation, prior to trial in an endeavour to resolve claims without<br />

the cost and anxiety of a trial.<br />

14 <strong>Medical</strong> <strong>Negligence</strong> <strong>Claims</strong> Third Edition • 2007

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