Under the umbrella of personal injury law, medical negligence cases can be one of the most daunting to tackle for the everyday person. If you do end up suffering from substandard treatment, the experts at Blumers Personal Injury Lawyers are here to help.

Solicitors Chris Gribble and Shaynee Dennis break down everything you need to know about making a claim.  

“Medical negligence cases are challenging, but they’re not insurmountable challenges,” assures Shaynee.  

“Medical negligence is essentially when you’ve gone in to get treatment and that treatment fell below the accepted standard of care required to be provided in that particular field.

“It could come from a GP, surgical or even nursing care.”

Chris explains that while side effects and other adverse results are expected in medicine, medical negligence is more complex.

“It applies when a claimant has been let down by the professional, who hasn’t done something to a standard they should have. That’s why it’s often a case of the little guy up against the system, insurers and doctors.”

“From a lawyer’s perspective, we don’t know if there is a case there until we’ve spoken to an appropriate specialist who can confirm whether the standard of care fell below or not,” says Shaynee.

When it comes to medical negligence, you don’t know until you ask.

“In most cases, clients come to us because they have questions,” says Chris. “Something hasn’t healed properly, or something has worsened.”

“Or, for example, they went in to treatment consenting to a certain outcome, and there was a drastic change to what they expected,” says Shaynee. “They may not have been told about a side effect that, if they had known, they wouldn’t have gone through with the procedure. Not necessarily negligent, but it can be.”

“The first thing we say is, talk to your doctor, but if you’re not getting those answers then certainly, come speak to us,” says Chris.

“We can either help you navigate those waters or point you in the right direction.”

Are you within the time limit?

“In the ACT, you have to notify the potential defendant that you’re considering a claim within nine months of the incident,” says Shaynee. “And you must file court proceedings within three years.

“It doesn’t hurt to make a call. At least if you call early, you understand where you sit in that timeframe, how quickly you might need to act, and where you might need to go for a second opinion.”

Blumers has an unmatched range of local and international experts on hand for consultation.

“We aim to get the best expert we can,” says Chris. “If that means that we have to speak to someone overseas, well, that’s the joy of Zoom,” he smiles.

“Assuming you get the answers you need for your claim, we can then assist the client in trying to figure out the value of your case in terms of the injuries suffered,” says Shaynee. “Particularly in medical negligence, this is where it can get complex.”

“Blumers helps clients navigate those highly technical and tricky waters,” says Chris. “There’s a lot of pitfalls and legal technicalities that we can help guide you through, using our 20-plus years of experience in the field.”

FAQs

What happened during my treatment?

“What happened? Should it have happened? Why did it happen? Unfortunately, the questions clients often have are the ones that would ideally be answered by their treatment provider.

“We’re not doctors. But as lawyers, we focus on helping them find closure in an explanation and take the stress off their backs so they can focus on recovering.”

Is calling a lawyer going to cost me?

“A lot of people worry that just calling a lawyer is going to cost them,” says Shaynee. “We don’t charge for the first call at all. We’re happy to provide answers.

“Even if the answer’s no, at least they have asked the questions, they know their rights, and they don’t have to wonder if they have waited too long to make the call.”

Blumers will fund the cost of all disbursements throughout your claim, including clinical records, court fees, and consulted experts.

“That money should go towards treatment, not a case.”

She’ll be right… right?

“This one can be hard because people do want to believe that they’ll just get better,” says Shaynee.

“Maybe they were told ‘six weeks of physio and you’ll be right’. And hopefully, that is the case and they do make a full recovery. Unfortunately, we are prone to thinking ‘oh, my injuries aren’t that bad’.”

“Sometimes people feel embarrassed,” adds Chris. “Like they’re wasting a lawyer’s time, but if you get a question answered, then it’s well worth it.”

Blumers

• Level 12, 15 London Circuit, Canberra City
• Mon – Fri 8.30am – 5pm
• blumers.com.au
• [email protected]
• (02) 6208 2600

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