If you contact us, we will advise you what legal solutions are available to you. You may be seeking compensation – but we know it is not always about the money. Our clients tell us time and again they do not want someone else to go through what they have gone through. We agree and we want to help. We want to ensure that the doctors and health service providers involved in your loved one’s care, learn from their errors and make changes to prevent the same mistakes from happening again. We hope that our work in this area helps to improve healthcare around the country for everyone’s benefit. If you are ready to share your story with us, this is our promise to you:
We can provide a range of solutions to meet your medical law needs
What You Can Expect
Partnering With Us
Obligation-free Initial Advice
It will not cost you anything to find out how we can help – we provide obligation-free initial advice.
Direct Contact with your Lawyer
Unlike other law firms, we do not use a call centre. We are committed to a personalised service. You will be given your lawyer’s direct mobile, office number and email address.
Communicate Your Way
We understand that you may be recovering from an injury or illness so we will provide our advice in a way that suits you. Let us know if you would like us to visit you in your home.
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Medical Negligence Compensation Claims
If your loved one has died and you think their medical treatment caused their death, we can help you with a compensation claim if you relied on them for income and/or help around the home and/or help with your children. These types of claims are often referred to as ‘wrongful death’ claims or ‘dependency’ claims. Family members who may be eligible include:
- Spouses, including de facto partners.
- Children, including stepchildren.
- Grandchildren.
- Parents, including stepparents.
- Grandparents.
If you have suffered a psychological injury that is considered to be more than grief, we can help you with a compensation claim. These types of claims are often referred to as ‘nervous shock’ claims. To provide you with advice, we will need to ask you about what treatment you have had and how your work and day-to-day activities have been impacted.
Starting Your Claim
We understand that the thought of taking legal action might be daunting. While your story is unique to you, the basic legal steps are the same in every medical negligence claim as follows:
Your Story
The events of your loved one’s medical treatment forms the foundation for your claim. Sharing that story in full helps us decide on your case strategy.
Expert Reports
We will get independent expert evidence to prove that your loved one’s treatment fell below a reasonable standard and caused them and/or you injury – this is a crucial step in your claim.
Settlement negotiations
Once the evidence is gathered and your story has been told, we will have a meeting with the other side to work out if your claim can be settled out of Court.
Getting the records
Matching what the medical records say with your story means we can work out if the records are accurate or if anything is missing before we start putting the evidence together.
Medical examinations
We will need independent specialists to assess your injuries and advise on your future prognosis and need for treatment.
If you’re ready to tell your story, please contact us:
Your Story
The events of your loved one’s medical treatment forms the foundation for your claim. Sharing that story in full helps us decide on your case strategy.
Getting the records
Matching what the medical records say with your story means we can work out if the records are accurate or if anything is missing before we start putting the evidence together.
Expert Reports
We will get independent expert evidence to prove that your loved one’s treatment fell below a reasonable standard and caused them and/or you injury – this is a crucial step in your claim.
Medical examinations
We will need independent specialists to assess your injuries and advise on your future prognosis and need for treatment.
Settlement negotiations
Once the evidence is gathered and your story has been told, we will have a meeting with the other side to work out if your claim can be settled out of Court.
If you’re ready to tell your story, please contact us:
Frequently Asked Questions
Is there a time limit for starting a medical negligence claim? ▾
There are different time limits in each State and Territory for starting a claim. If you let us know the date of death or when your loved one’s treatment was provided, we will advise you about the time limits that will apply to your claim. Please note that if the relevant time limits are missed, you may be prevented from ever starting a claim. For this reason, it is important that you seek legal advice as soon as possible.
If a medical negligence claim is brought against a doctor, will they have to pay the compensation? ▾
Under the Australian National Law, it is compulsory for all doctors to have medical indemnity insurance and they are only permitted to provide treatment within their scope of practice. As such, nearly all compensation is paid by your doctor’s insurer and not your doctor. In rare cases, we may discover that a doctor does not have a valid insurance policy. If this happens, we will discuss your options with you.
Can more than one person bring a medical negligence claim for ‘wrongful death’ or ‘dependency’ involving the same death? ▾
Only one person can bring a claim for ‘wrongful death’ or ‘dependency. However, the claim will include all family members who suffered damage because of the death. People who may be able to bring a claim include the executor or administrator of the estate or a family member of the person who died.
What can I claim for in a medical negligence claim for ‘wrongful death’ or ‘dependency’? ▾
In a wrongful death claim, dependents are compensated for loss of financial benefits. For example, if your loved one was the main breadwinner and family members relied on that income, those family members will be compensated for the income that they would have expected to receive. Similarly, if your loved one was responsible for household chores and/or cared for family members, family members will be compensated for those losses.
What can I claim for in a medical negligence claim for psychological injury? ▾
In a psychological injury or ‘nervous shock’ claim, you will be compensated for the losses flowing from your psychological injury, including an amount for your pain and suffering (also referred to as general damages or non-economic loss in some States and Territories), income loss, superannuation loss, out-of-pocket expenses, and unpaid care.
Do I need a lawyer to help me with my medical negligence claim? ▾
Medical negligence claims are complex and there are several benefits to engaging a lawyer with expertise in this area of law. Wendy and Sarah have spent years finessing their legal skills in this area. They know what evidence you need and which experts to get it from. They will be upfront about your prospects so that you know what your chances are of proving fault and how much compensation you would likely receive. They will be by your side throughout the claims process so that you have the strength and courage to take action.
How much money will I get if I bring a medical negligence claim? ▾
If you succeed in proving fault and you are claiming compensation for your psychological injury, your compensation will be based on how your injury impacts you. Several factors will be considered, including what treatment you have required and will require, whether you can work and whether you can perform the day-to-day tasks that you were performing prior to your injury. It is only possible to calculate your compensation when your injury has stabilised i.e. your condition is not going to improve or get worse. If you are claiming compensation for loss of financial benefits, the compensation will depend on how much your loved one provided to all family members in terms of their income and domestic services.
How long will my medical negligence claim take? ▾
If your claim involves a psychological injury, your condition must be stable and stationary before you start settlement negotiations. This means that your injury is not going to get better or worse – it is expected to stay the same. . Many injuries are stable and stationary within 12 months. During this time, we will get your claim ready for settlement negotiations and the first settlement conference is generally held within 12-18 months of you starting a claim. If your claim relates to dependency only, settlement negotiations can begin once you have provided all relevant financial documents to us. If you are not offered enough compensation, we will have to push forward and file a claim in Court, and it will take longer to finalise your claim.
Will my medical negligence claim go to court? ▾
In our experience, less than 1% of claims go to Court. This is because during your claim, there will be several opportunities to negotiate a settlement with the other side. It is only if one or more parties are being unreasonable during settlement negotiations that it may be necessary to go to Court. If that happens, don’t be too concerned – Wendy and Sarah’s trial experience means you will be in good hands – we can guide you through the process and work out how to get you the best result. We will be by your side every step of the way.
Insurance & Superannuation Claims
If your loved one has died, and they held a death benefit policy when they died, we may be able to help you apply to the insurer so that you can access that money. Also, you may need assistance to access the balance of the super fund now that your loved one has passed.
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Frequently Asked Questions
Who can claim life insurance or a death benefit? ▾
If the person who has passed had a superannuation fund, there will be a death benefit attached. Dependents are eligible to make this type of claim, that usually means spouses and children but really it means anyone who was financially dependent on the deceased person.
My deceased spouse had a binding nomination – what does that mean? ▾
It means the Trustee of the fund has to honour the deceased’s wishes so long as the beneficiary remains a dependent as defined in the terms of the policy.
Why should I use a lawyer? ▾
Claims are more commonly rejected if a lawyer is not involved. This is because the forms for completion are complicated and the amount of evidence required can be burdensome to obtain. In addition, the funds often use delaying tactics in the hope you will go away! We know how to put the correct evidence together to ensure the process goes as smoothly as possible.
How much will I get? ▾
The amount of the death benefit is different for everyone. Firstly, check any paperwork you have from the superannuation fund. An annual statement will probably tell you how much cover was held. If you don’t have that information, we can liaise directly with your fund to find out.
What are the time limits to make a claim? ▾
You should try and do this as soon as you feel strong enough because the Trustee of the fund may distribute the benefit at their discretion and you may not agree with the distribution. If you disagree, there are strict time limits that apply within which you must challenge the distribution decision.
Coronial Inquests
If your loved one has died, their death may be reported to the coroner if it was an unexpected outcome of the healthcare that they received. If their death has not been reported to the coroner but you are concerned that their healthcare contributed to their passing, you can ask the coroner to investigate. In some circumstances after a coronial investigation is held, the coroner may order an inquest. An inquest will only be held if the coroner decides it is in the public interest. For example, if there are systemic issues that contributed to the death, the coroner may make recommendations to prevent similar deaths from occurring in future. If you are the next of kin, we can provide advice to you about any aspect of the coronial process and we can act on your behalf so that you do not need to liaise with the coroner directly.
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Frequently Asked Questions
What is the coroner’s role? ▾
The coroner’s role is not to assign criminal or civil blame to those involved in your loved one’s care. The coroner confirms the identity of the deceased, decides when and where your loved one died, how they died and the medical cause of their death.
What is the role of police? ▾
Police will assist the investigation by taking statements from those involved in the circumstances leading to your loved one’s death.They will probably want to interview you and other family members and they will also talk to the doctor or hospital that were looking after your loved one before they passed.Their job is to arrange for the formal identification of your loved one and they are there to assist the coroner in deciding the important facts.
What is a coronial investigation? ▾
A postmortem, or autopsy, will be carried out at the coroner’s request. A pathologist will prepare a report following the postmortem to provide to the coroner. That report, together with the information that the police have put together, will help the coroner investigate the death and decide whether an inquest will be necessary.
What is an inquest? ▾
An inquest is a public court hearing where those who have given evidence to the police and those involved in your loved one’s care will give further oral evidence to help the coroner better understand the circumstances of your loved one’s death.
Will an inquest be held? ▾
The coroner will tell you whether they have decided to hold an inquest. It must be thought to be in the public interest for such a hearing to be conducted because there is some uncertainty about the cause of death or there may be systemic issues within a hospital which impact public safety which need to be considered. Only a few investigations proceed to an inquest. You can ask the coroner to hold an inquest, but you will need to outline why you consider it is in the public interest for there to be a hearing. The coroner doesn’t have to agree but you will be provided with reasons for the decision.
Can a lawyer represent me at an inquest? ▾
Yes. An inquest is usually a very difficult and emotional hearing for the family left behind. The lawyer who assists the coroner can explain the process to you but they are impartial to the proceedings and do not act on your behalf so you may prefer to have someone who is on your side.
How long does an inquest take? ▾
The length of the hearing will depend on how many people are asked to give evidence. You will be told in advance how long it will be but if the matter is complicated or involves many witnesses, it can take weeks.
What happens after an inquest? ▾
The coroner will provide ‘findings’ which set out the answers to the key questions that have been determined, which are when and where your loved one died, how they died and the medical cause of their death. The cause of death is then written on the death certificate.
Health Complaints & Trustee Appointments
Health Complaints
If you are unhappy with your loved one’s treatment, we can help you lodge a complaint with the health service complaints agency in your State or Territory. Outcomes of a health complaint can include an acknowledgement, explanation, apology, policy/process change, refund from the healthcare provider or disciplinary action in relation to the healthcare provider by the health body, the National Board, or another entity. Please note that there are usually time limits for lodging a complaint.
Trustee Appointments
Because of an injury or other health condition, some people lack the mental capacity to manage their own financial affairs. If that is the case, a professional Trustee will need to be appointed. Our connections in the industry can assist you to identify a Trustee you can work with, and prepare the necessary application for their appointment. Alternatively, if you are unhappy with the service your current Trustee is providing, we can assist you with the application to change them.
Start Your Claim
What Our Clients Say
If you’re ready to tell your story, we want to hear it.
Oak Medical Law provides obligation-free initial advice at no cost to you. We understand that you may be recovering from an injury or illness that prevents you from travelling so we will provide our advice in a way that suits you.
Please book an appointment, submit an online enquiry or get in touch with us by phone.