What is the process for commencing proceedings against a medical practitioner?

• In most states and territories proceedings are commenced against medical practitioners by lodging a writ or a statement of claim in the relevant court.
• In some states such as Victoria a statement of claim for medical negligence proceedings will not be accepted unless it is accompanied by a certificate of assessment that determines whether or not the harm you have suffered meets the relevant injury threshold.
• Most states and territories will also require filing of an affidavit with the statement of claim.
• As a result of these requirements there are a number of processes you will need to complete with your lawyer before you go to court. You will also need to gather evidence so that you have all the necessary paperwork to commence proceedings.
• Once the statement of claim is lodged and accepted your lawyer will serve filed copies of this document on the doctor or hospital you are suing.
• The courts will then contact both parties and advise the next step.
• Courts will usually refer parties to mediation first in an attempt to have the matter resolved by settlement rather than through trial in the court.
  • It is estimated that as many as 97% of all medical negligence matters are resolved through mediation.
• If mediation fails the matter is referred to the courts for trial.
  • Matters referred to trial can take in excess of 18 months to resolve and can cost thousands of dollars in legal fees. They can sometimes cause tremendous amounts of stress for the people involved.