Medical negligence is a complex and specialised area of personal injury law. A client will likely be doing themselves a real disservice if they don’t engage a lawyer with particular expertise in the area.
Here are our top 10 reasons why you need a specialist medical negligence lawyer:
- A specialist medical negligence lawyer is familiar with medical terminology and complex medical issues.
- A lawyer who has specialised in medical negligence claims for a number of years has a “bank of knowledge” from similar claims. They know what procedures may go wrong and how they may have gone wrong. They are aware of the critical issues to look for when reviewing medical records.
- A specialist medical negligence lawyer is familiar with credible and respected medical experts who can be engaged to provide unbiased, balanced and well-reasoned opinions on liability in accordance with the Codes of Conduct for expert witnesses. Expert selection is particularly important if the matter proceeds to a contested hearing.
- A specialist medical negligence lawyer who has successfully managed claims over a number of years recognises “frequent flyers” (health care providers who have had a number of insurance claims against them). This can be very helpful information during preparation of the claim and in settlement negotiations.
- A specialist medical negligence lawyer knows the medical negligence insurers and the lawyers who act for them. This provides a tactical advantage.
- If the matter requires a barrister’s advice or representation during settlement discussions or at a hearing, a specialist medical negligence lawyer knows which barristers have the necessary experience and respect in the medical negligence field.
- A specialist medical negligence lawyer stays abreast of changes in legislation and relevant case law.
- A specialist medical negligence lawyer is aware of the relevant time limits that apply to medical negligence claims and how “discoverability” can be construed in the context of medical treatment, particularly with regards to delayed diagnosis of medical conditions.
- A specialist medical negligence lawyer knows which experts to engage when assessing a client’s current condition and future needs. The insurer has a commercial interest in ensuring they minimise the amount of compensation payable in a claim. Selecting the right “quantum” experts is essential to maximising a damages claim.
- A specialist medical negligence lawyer knows that these claims are not for the faint hearted. They typically take longer than other personal injury claims. Their complexity and the time and cost involved means that only a dedicated practitioner who is prepared to do the groundwork and focus on the detail should be engaged, to achieve the best possible outcome for the client.
