Medical Negligence FAQ
Here are some commonly asked questions to assist your understanding of the medical negligence claim process.
Q: How much will this cost?
A: Our policy for most cases is no win, no fee. This means that we are confident about winning your case for you, as we only charge you for a successful outcome. If you are awarded compensation, you will be charged for our costs of investigations and legal fees, which will be a portion of your award.
Q: How will compensation be paid? In instalments or in a lump sum?
A: Compensation will be in a lump sum, that will be tax free.
Q: I really don’t want to go to court. Can I still make a claim?
A: Most malpractice cases go to court. This is because it is more difficult to settle a malpractice claim outside of court since the legal representation of the defence is so strong.Q: Do I need insurance myself to make a claim?
A: You do not need private insurance to make a Medical Negligence Claim. However, if your private insurance company or Medicare has been paying your medical bills, you must repay them out of the settlement you receive. In the same way, if you have been receiving Centrelink payments while disabled, you will need to repay those payments out of your settlement compensation.Q: My doctor says there is nothing wrong, but I told him there was. Can I still make a claim?
A: If you believe your doctor is not correct in his assessment, you should seek a second opinion. If the original healthcare provider was indeed guilty of causing you injury, your medical negligence settlement should pay for all medical fees.
Q: Is there a time limit for a medical malpractice suit?
A: The statues of limitations range from state to state between one and seven years. However, this time limit is flexible if you did not learn about the negligence until after the official time limit, or if you were a minor at the time you received the injury. In Queensland, most medical negligence cases must begin in court within three years of the injury.If you have been injured or suffered illness as a result of medical
negligence / medical malpractice, we can help. To get in touch with one
of our medical negligence specialists call our freecall number 
1300 168 821
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