Potential Difficulties in Medical Negligence Cases.

For medical negligence claims in Australia – the law is complex, the costs are significant, the requirements are strict and the process is long.

So, as your commence you consider a medical negligence claim – we’ve flagged the major potential difficulties and provided links to additional information and support.

  1. Selecting a specialist medical negligence lawyer
  2. Financing your legal costs and out-of-pocket expenses
  3. Understanding the pros and cons of no-win-no-fee arrangements
  4. Finding a medical practitioner to give an expert opinion (especially a contradictory expert opinion to other medical practitioners)
  5. Obtaining access to medical records
  6. Meeting statutory limitations and restrictions (i.e. time limitations, injury thresholds, award caps)

Overcoming Potential Difficulties in Medical Negligence Cases

To help overcome these difficulties, it’s recommended that you contact [advertiser] who will be able to provide you with advice and a free preliminary assessment of your potential medical negligence claim. During this assessment they will let you know if they believe you should pursue a claim.

Articles Discussing Potential Difficulties in Medical Negligence Cases

In “When US lawyers refused to take medical malpractice case” (Probublica, Jan 2014) it argues that the U.S. medical negligence system often discriminates against low income people and those who find it difficult to secure legal representation. The article presents a variety of medical negligence experiences, including where people were unable to secure legal representation due to: limited income or lack of future income resulting in a non-viable compensation amount, limited potential award not considered worth the risk by lawyers (as jurors predominantly side with negligent medical practitioners), multiple errors making it difficult to prove causation, and the cost of medical experts.


© Medical Negligence Claim – Potential Difficulties in Medical Negligence Cases