Medical Negligence Solicitor Australia


HELPLINE: ☎ 1800 633634

Negligence law in Australia varies dependent on location. In the years following the Millennium, the New South Wales Parliament reformed medical negligence law for incidents occurring in Sydney and NSW which had previously closely followed UK law. In order for a Sydney medical negligence solicitor to succeed in a compensation claim it is now necessary for a Sydney lawyer to demonstrate that an allegedly negligent healthcare practitioner owed a duty of care to the injured victim and that there was a breach of that duty of care which directly resulted in 'material damage' to the claimant. Whilst it may not be difficult to establish the existence of the duty of care which is implied in most doctor patient relationships, it may be difficult to establish if a breach has occurred and thereafter proving that injury or loss was as a direct result of the negligent treatment bearing in mind that the patient was already ill prior to the erroneous treatment.

HELPLINE: ☎ 1800 633634

NSW Medical Negligence Compensation Claims

The NSW Parliament is in some cases the insurer for medical negligence compensation claims in New South Wales healthcare establishments and law has now been enacted which improves their financial position by limiting liability and compensation. One of the most controversial changes to the law revolves around the financial caps placed on some items of compensation which may result in claims settling at an under value compared with other locations. The relevant law was initially contained in the Health Care Liability Act 2001 which was soon repealed and replaced by similar provisions contained in the Civil Liability Act 2002 which only applies in NSW and allegedly makes provision for fair and sustainable compensation for medical negligence, caps or limits or effectively removes compensation available for 'non-economic' losses for minor injury, promotes distribution of injury compensation across the industry, educates the staff to the dangers of medical negligence and improves risk management. The net effect of these changes means that less compensation is actually paid than prior to this legislation.

HELPLINE: ☎ 1800 633634

New South Wales Law

On the 1st of September 2005, the High Court of Australia upheld the constitutional validity of a NSW ban on Sydney lawyers advertising their services in relation to personal injury claims under Part 14 of the Legal Profession Regulation made under the Legal Profession Act which made it both an offence and professional misconduct for a barrister or solicitor to publish an advertisement that includes any reference to personal injury or to any legal service that relates to an entitlement to recover money for personal injury. This legislation has now been effectively repealed by The Legal Profession Uniform Law 2014 thereby giving the public greater access to justice and to Sydney medical negligence solicitors.




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