If you have suffered harm and you think a doctor or other medical practitioner might be at fault it is worth visiting a lawyer to find out whether or not you have the right to make a compensation claim. Medical negligence claims are complex and difficult to prove. Under the law the person making the claim has the burden of proving not only that the treating practitioner was negligent but also that the negligence actually caused the harm that they have suffered. See our topics on Personal Injury and Negligence & Torts for more information.

The proving of one aspect of negligence does not automatically result in the proving of the other. A doctor can be found to have acted negligently but that doesn’t mean the court will accept that the negligence actually caused the harm suffered. The harm may have been caused by something else. It may be entirely unrelated to the doctor's actions or inactions. Most victims of negligence have underlying medical conditions and many doctors will argue that the harm would have occurred even if they were not negligent. This will depend on your individual circumstances.

Meeting a lawyer to discuss the likelihood of success in a medical negligence claim can be expensive. A lawyer may need to book you in for a series of consultations to gather medical evidence relevant to your case before being able to give you well informed and accurate advice.

This is because your chances of lodging a successful claim depend on whether the negligence of your medical practitioner actually caused the injury you are experiencing. Without thorough medical investigation it is difficult for a lawyer to make this assessment.   

This is a necessary part of any medical negligence claim. Although it can be costly it may be better to spend that money upfront and obtain an honest, professional opinion at the start rather than commence proceedings only to find after years of litigation and thousands of dollars spent that your case was weak to begin with.

As well as advising you on your chances of success a lawyer can represent you in proceedings. It is not advisable to self-represent in civil litigation claims generally and certainly not in claims that are as technical as medical negligence. It is also important to understand that medical negligence cases are time-consuming and can take years to resolve especially if the case involves more than one defendant. This can be the case where the injury was caused by a series of ongoing errors for example. You may have grounds to sue each person responsible as well as the hospital or medical centre.

At times it can feel like nothing is happening while at others there will be periods of high activity. A lawyer can help you navigate the process and keep you updated on the progress of your matter. A lawyer can also assist in speeding the process along as letters and correspondence from lawyers often trigger action faster than correspondence from the claimant personally.