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    • Medical Negligence
    • Women’s Health
          • Women’s Health

            We know that there is disparity in women’s health care, treatment, and support. We are committed to improving the lives of women and strongly advocating for their wellbeing.  That is why we take a stand and hold medical professionals accountable when medical care falls short of expected standards by delivering the best outcome in medical negligence claims affecting women.

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    • Hospital Negligence
          • Hospital Negligence

            We understand you may feel let down because you have experienced inadequate or negligent care and treatment in a hospital or medical facility. Your wellbeing is most important to us and we are committed to supporting you with compassion and holding medical professionals accountable for breach of duty and negligent care.

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    • Clinical Support
          • Clinical Support

            Experiencing poor or adverse outcomes from allied health treatment can be distressing and life changing. We are here to support you through your claim and it is our aim to hold allied health professionals accountable for their breach of care by delivering the outcome you deserve to your negligence claims.

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    • I need help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • Personal Injury
          • Personal Injury

            If you have been injured because of someone else’s negligence, our specialist team of Personal Injury Lawyers is here to support you with compassion and understanding providing you with the right advice. Our team has substantial experience and expertise in these matters to deliver the outcomes you deserve from your claim.

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    • Work Injury
    • Motor Vehicle Accidents
          • Motor Vehicle Accidents

            We are here to support you and give you the clarity, guidance and the right legal advice if you have been injured in a motor vehicle accident. Our compassionate team of professionals in Personal Injury law have the technical expertise and a wealth of experience to win you the compensation you deserve.

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    • Public Liability
          • Public Liability

            Our specialist team in Personal Injury law is here to support you in accessing proper compensation if you have been injured because of someone else’s negligence. We have cutting edge expertise and experience in public liability claims to deliver the outcome you deserve.

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    • Abuse
          • Institutional Abuse

            We strongly believe that educational institutions must be held accountable when failing to protect children while in their care. If you have experienced institutional physical or sexual abuse, our specialist team in Personal Injury law is here to support you with compassion and offer our technical expertise and experience to deliver the best outcome in your case.

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    • Workers Compensation
          • Workers Compensation

            When you sustain an injury or illness because of work, you may be entitled to  compensation. Our specialist team in Personal Injury Law is here to support you with compassion and understanding with the right advice. We have substantial technical expertise to deliver the best possible outcome from your claim.

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    • School Negligence
    • I Need Help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • Wills & Estate Planning
          • Wills and Estates

            When we provide advice on estate planning, we believe  in giving advice on options to mitigate the risks of litigation by potentially unhappy family members and protecting your assets from claims. Our legal team is here to support you and address your concerns regarding your estate planning. We have immense experience in these matters, providing you with advice and representation for your unique situation and delivering the best outcomes for your case.

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    • Powers of Attorney
    • Contest A Will
          • Contest A Will

            We have immense experience and specialised knowledge in family provision and wills disputes Where you have not been properly and adequately provided for under a will or where you suspect that the person making the will may not have had capacity or exercised their own free will, you need a lawyer with extensive experience and expertise. Our team of Lawyers will  provide you with advice and representation for your unique situation and deliver the best outcomes for your case.

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    • Probate & Deceased Estates
    • Enduring Guardian
    • Family Provision
    • I Need Help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • Other Services Overview
          • Conrad Curry Can assist you with a variety of services

            Our solicitors are highly experienced in providing you with expert legal advice and will keep you informed every step of the way. It’s good to know that our firm is trusted and effective with a high success rate.

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    • Professional Negligence
          • Professional Negligence

            We rely on professionals in all aspects of our lives to provide us with proper advice on which to make decisions about our financial and legal affairs. When you are let down by poor advice the results can be devastating.  We are here to support you in your claim for compensation with clarity, guidance and the right advice to achieve the outcome you deserve.

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    • Malicious Prosecution
          • Malicious Prosecution

            We believe in standing up for those people who are falsely accused and prosecuted. Our experienced legal team is here to support you with compassion and provide you with clarity, guidance, and the right advice in your claim for compensation.

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    • General Litigation
    • I Need Help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • What to Expect
          • What to expect

            We are your law firm for life. You can count on us for the best legal advice and compassionate support. We understand the challenges you are facing and we want you to know that you don’t have to navigate the often daunting process alone. We are here when you need us. Let us help you find your way forward with our empathetic and efficient approach. Contact us. You can call us on (02) 4050 0330 for a free initial no-obligation consultation or book an appointment online for an in-person consultation or an online video appointment.

  • No Win/No Fee Options

The Medical Negligence Claims Process

A New Enquiry

The medical negligence process begins when we receive an enquiry for a potential medical negligence claim. Our Clinical Consultant will schedule a free consultation with the client to learn about the circumstances of the claim. 

All new enquiries are presented at our bi-weekly triage meetings which all solicitors attend. This allows us to evaluate the potential issues associated with a matter and assign the most appropriate solicitor.

Often, we ask to obtain their clinical records to assess and determine whether there has been medical negligence in the client’s circumstance. In some instances, matters do not proceed if, as a group, we do not believe that the matter has reasonable prospects of success. 

If we believe that the client has a potentially strong case, we then proceed to the investigation phase.

The Investigation Phase

The investigation phase begins with an initial client consultation with an appropriate solicitor with specific experience in claims in the area of medicine. This meeting will involve an in-depth discussion about the circumstances of the claim, the claims process, the damages that may be available and the recovery of legal fees from the insurer in the event of a successful outcome.  

If the client wishes to proceed, we will provide them with our costs agreement and explain it to them. In most instances, we offer a no/win no fee agreement which essentially allows the client to pursue their matter without payment of our teams’ legal fees until the matter has been successfully resolved. 

After the initial meeting, we will provide the client with a letter detailing the instructions given, our initial observations about the likely success of the case, and the next steps. This typically involves collecting all clinical records required and then consulting with a medical expert in the required field for an opinion about the quality of the care given. 

At this stage, the client will be required to pay for the expert’s opinion. To mitigate costs, a preliminary opinion is provided before a report is requested, this opinion is crucial to the matter and can determine the prospects of success. If we receive a supportive opinion, on instructions from the client we request a report from the expert which gives extensive details of the liability of the defendant. 

The solicitor will ask for your details of any Medicare, Centrelink or private insurance details to determine the payback amount. As third parties have subsidised treatment incurred from the client’s injury, it is necessary to pay these amounts back to the required party. 

Filing a Statement of Claim

Once it is determined that the matter has reasonable prospects for success, a Statement of Claim is prepared on behalf of the client. This formal document commences proceedings in court and contains the pleadings of fact and allegations made against the negligent practitioner or hospital. 

Once filed there will be a number of direction hearings before the Court to map out the procedural steps to prepare the matter for hearing. The process can take several months. Your solicitor will appear on your behalf at each of the directions hearings.  

Your solicitor will also brief a barrister to advise and appear on your behalf. In many instances, we will also brief a barrister with extensive experience in the field of medical negligence. The barrister will work closely with your solicitor and attend any conferences, mediations and court hearings. 

Quantum Evidence

As well as evidence about the liability of the practitioner or hospital, it is necessary to arrange assessments and obtain reports on the nature and extent of the injury or condition and the effect on the client’s day-to-day living. This assessment assists in determining the appropriate sum of damages which should be claimed. The nature of the injury or condition will determine the expert medical evidence required. Often it will be necessary to obtain expert reports from several different experts (such as an occupational therapist, rehabilitation physician or psychiatrist). 

The appointments will be organised by our team assisting your solicitor. The insurer’s solicitor will also want to conduct their own independent assessments.  

Mediation/Informal Settlement Conferences

As the matter progresses, there is an expectation that the parties will attempt to resolve the matter by means of alternative dispute resolution. This can occur through mediation or an informal settlement conference. Both are held on a ‘without prejudice’ basis, meaning anything said during mediation or informal settlement conferences is confidential and cannot be relied on in court proceedings. 

Often cases settle at mediation and informal settlement conferences due to the efficiency of cost, time and mitigated risks involved. This process involves the client’s solicitor and barrister representing and taking instructions on behalf of the client. The client will be consulted throughout the process and our team will only settle the case once authorised to do so. 

Negotiations may between legal representatives continue until the matter is settled or negotiation falters. If the matter does not settle, strategic offers are made to bring pressure to bear on the insurer to resolve the case and avoid the risk of an adverse costs order. 

Court Hearing

In some circumstances matters proceed to a court hearing. There is risk at this point that the court may decide against you and order you to pay the legal costs incurred by the insurer. 

When we take proceedings on behalf of a client we will be confident that the case will have good prospects of a positive monetary outcome for the client.

If any issues arise that change the current view as to the probability of a successful outcome, we will advise on the best way to manage risk, should it eventuate. 

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