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Medical Negligence Lawyers Guide.

If you’re thinking about making a medical negligence claim, you’ll need a good medical negligence lawyer to help you. This guide will help you understand how they work and how to choose the best medical negligence lawyers to suit your needs.

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What does a medical negligence lawyer do?

A medical negligence lawyer is a personal injury lawyer who specialises in medical negligence claims. Many medical negligence lawyers work on a no win no fee basis, which means they’ll fund your medical negligence claim for you and they only get paid if they win your case. They can do this because they assess the likelihood of your claim succeeding before taking it on.

A medical negligence lawyer will handle all aspects of your claim for you, by engaging medico-legal and other experts and compiling the reports and evidence needed to support your medical negligence claim.

If you’ve already spoken to a medical negligence lawyer and you’ve been told your claim is unlikely to succeed, it may be worth getting a second or third opinion, as different lawyers may have a different view of your claim depending on their experience. To learn more, read our medical negligence payout guide.

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What will happen when I call a medical negligence lawyer?

When you first call, the medical negligence lawyer will generally assess your situation and form an opinion on whether you have a valid claim. They will start by going through your medical records to determine whether the records support an allegation of medical negligence. The next step is to consult one or more qualified medical professionals and get written reports to back up the allegation of medical negligence. A medical negligence lawyer can only win your case if they have evidence from a medico-legal expert that medical negligence has occurred.

For example, if you were injured during surgery that went wrong, then to prove medical negligence you need to show that the surgeon didn’t meet the appropriate standard of care. This can be difficult to prove, but a key part of the process is to provide an assessment from a medico-legal expert that shows how the surgeon breached his or her duty of care.

Once they have established the likelihood of success with your claim, a medical negligence lawyer will advise you on your options. If you decide to proceed, then the medical negligence lawyer will prepare your claim by compiling all of the evidence needed including medical records, witness statements, medical reports and forensic accounting reports to substantiate your claim. For more detailed information on claiming compensation, read our Guide to Medical Negligence Compensation.

How do you choose the best medical negligence lawyers?

Here are four questions to help you choose the best medical negligence lawyer for your claim:

How much do medical negligence lawyers charge?

The medical negligence lawyer will provide you with a costs agreement to sign before taking on your claim. It’s important to understand the fee structure before you sign their costs agreement – here are some things you should know:

*Disbursements are costs incurred by the law firm in the course of running your medical negligence claim.

Where can I find the best medical negligence lawyers in Sydney and NSW?

Law Partners Personal Injury Lawyers is Australia’s largest specialist personal injury compensation law firm, with a number of specialist medical negligence lawyers. They have 15 offices across Sydney and NSW.

Medical negligence lawyers in NSW – show me a lawyer near me.

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Gillian Potts

Special Counsel

An accredited specialist in personal injury law with expertise across medical negligence, public liability and motor accident compensation claims, in a career spanning the best part of two decades.

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