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Injury

Adelaide Medical Negligence Solicitors - Personal Injury Compensation Lawyers

Medical negligence law in Australia is dependent on location. Prior to 2014 Adelaide medical negligence solicitors treated compensation claims in South Australia in a similar way to other personal injury claims. In most other national and international jurisdictions there are distinct protocols for lawyers who deal with applications to a court of law for damages as a result of clinical errors. The introduction of the Supreme Court Fast Track Rules 2014 applicable in Adelaide and South Australia changed how Adelaide medical negligence solicitors deal with a compensation claim in so far as there are now protocols in place that are quite separate and different to the protocols applied to general personal injury compensation claims. This change in the rules known as pre-action protocols sets out steps that South Australia medical negligence solicitors are required to complete prior to the issue of proceedings in the Adelaide court.

South Australia Medical Negligence Protocols

The current protocols require Adelaide medical negligence solicitors to send written notice of the intention to claim compensation. The letter which mainly focuses on liability must include 11 separate pieces of information which must be collected prior to the action starting. The initial letter of claim need not include any financial calculation of the estimated value of the claim. The intention of the letter is to put the allegedly negligent healthcare practitioner on notice and to allow time for the collection of evidence to refute the claim if appropriate. If liability is to be denied the defendant or more likely his solicitors must advise the claimants lawyers. At this point the parties thereafter usually agree on how the claim can proceed to trial in the Adelaide court if agreement cannot be reached which is rare in a medical negligence compensation claim.

Adelaide Medical Negligence Solicitors

If you have been injured and need expert advice we can help. Our Adelaide medical negligence solicitors are here to protect your legal right to compensation. In settling claims we also rely upon specialists from other disciplines and we are able to call upon the services of some of the best expert witnesses in Australia to help establish liability in difficult cases. If you have been injured within the last three years then it�s time to get some free advice. Our lawyers are able to provide you with a no cost, no risk assessment of your case and tell you whether or not a claim will succeed and how much compensation you may be due.

Our solicitors deal with medical negligence compensation claims on a risk free, no win no fee basis. We operate the no win no fee scheme otherwise known as a conditional fee agreement. No legal charge is payable unless the legal case is won and the client obtains an award of compensation. In the event that the legal claim is lost there is no charge made to the client. If you have been injured by medical malpractice and you would like free legal advice on the limitation legislation in Australia just complete the contact form, email our lawyers offices or use the helpline to speak with a specialist personal injury solicitor. We provide clear and unequivocal advice on liability and the compensation you stand to win. If after talking to that solicitor you decide to proceed no further with your potential claim, there are no obligations and you will not be charged for any advice.

Our medical negligence solicitors have offices situated in Adelaide, Brisbane, Canberra, Melbourne, Perth, Darwin, and Sydney. Do yourself justice - give us a call.

Time Limits

Making a claim for compensation for personal injury involves compliance with limitation law in Australia. Legal proceedings must be issued in a court of law within a set period of time subsequent to an injury failing which the opportunity to claim compensation may be lost forever. The time limit is generally set at three years following the instance of negligence, although that term may in some circumstances be extended. There may be exceptions to the standard three year limit :-

  • In circumstances where the individual incurring the injury suffers from mental disability, the limit period only starts when full mental capacity has returned and in situations where mental disability is ongoing, damages can be pursued at any future time.
  • When the person sustaining the injury was under 18 at the time of the accident, the three year period only starts to run on their 18th birthday. If the three year period then expires and they still have not issued proceedings that person will have lost the opportunity to claim, unless they also suffer from mental disability.
  • The courts have a discretion to extend the time limits, although the occasions on which they do so are rare. If you think the legislation has invalidated a potential claim you should obtain expert legal advice as soon as possible.

Adelaide Medical Negligence Solicitors

Adelaide Medical Negligence Law Firms

These Adelaide solicitors deal with medical negligence negligence compensation claims.

Andersons

Wallmans Lawyers

Genders & Partners

Camatta Lempens Pty Ltd

Patel & Co

John Cummins Camatta Lempens

Johnson Winter & Slattery Barristers and Solicitors

Scales & Partners

Duncan Basheer Hannon

Mitchell Chambers

Lempriere Abbott McLeod

Mouldens Solicitors

Anthony M Coombe

Andersons Pt Adelaide

Calderwood Scammell & Co

Jaak Oks North

Johnston Withers

Nicholson Andrew

Phillips Fox

Aujard Lawyers

Thomson Playford

 

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