Medical Negligence Claims - Slater & Gordon

When is a claim viable?
Assessment of the viability of a claim requires consideration of the facts,
the law, the chances of a successful outcome, the likely costs involved in
bringing a claim and the potential award of financial compensation.
Ultimately that assessment and the decision whether to pursue a claim
or not is one for you to make. Our role is to provide you with advice on
the elements, and of course we can express an opinion on whether the
investigation seems worthwhile which may be of some assistance to you
in making your decision.
The key elements are:
• Time limits – can the claim be made in time, or can a time
extension be obtained.
• Law – Does the law support the claim so that (on the facts
which can be proved) it has reasonable prospects of success.
• Damages – What amounts might be awarded on the successful
conclusion of the claim.
• Costs – What will the claim cost to bring, and what portion of those
costs may be recovered as part of the claim.
• Payment – Will there be a fund from which the compensation can
be paid, either from assets or insurance.
• Timing – How long will the process take.
8 Medical Negligence Claims Third Edition • 2007