The investigation and pursuit of a possible medical negligence claim is a very complicated matter. It is usually very expensive to pursue a medical negligence claim to hearing in a court. The only way to find out whether a medical negligence claim is worth pursuing is to consult an experienced solicitor. Patient counselling services may help with communication problems with a doctor and may help with anger or frustration following an unsuccessful medical procedure, but only a solicitor can help a person decide whether to pursue a claim. When choosing a solicitor, ask the solicitor whether he or she has experience in medical negligence claims. The Law Society of South Australia can provide referrals to solicitors practising in this field.
Very often, the solicitor cannot tell at the outset whether the claim will succeed. He or she may have to obtain copies of medical records, and opinions from one or more experts, before any definitive advice can be given. This means that it can cost hundreds of dollars just to obtain a definite opinion about the chances of success of the case. Many medical cases are not clear cut, and even if advised that there is a strong case there can be no guarantee of success.
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.