Medical Negligence Claims - Slater & Gordon

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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
Not all claims are viable – in some cases, the risks and the likely costs may exceed the potential compensation, particularly for smaller claims. Throughout Australia, there are differing “thresholds” for claims. Slater & Gordon will provide you with details and indicate how your claim may be assessed. Time limits The right to sue does not exist forever. There are time limits imposed by legislation on your right to make a claim. If you allow the time limit to expire then your rights will be lost. In some exceptional circumstances the courts may allow an extension of time. Slater & Gordon will provide you with details of time limits, which vary throughout Australia. Third Edition • 2007 Medical Negligence Claims 9
Page 1 and 2: Medical negligence claims Third Edi
Page 3 and 4: What is a medical negligence claim?
Page 5 and 6: What do I have to prove? Negligence
Page 7: If your medical bills are being pai
Page 11 and 12: Steps to making a compensation clai
Page 13 and 14: Step two - investigation Initial in
Page 15 and 16: Privacy Slater & Gordon seeks to co

Medical Negligence Claims - Slater & Gordon

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