Requirements That Must Be Met When Filing a Medical Negligence Claim


There are different types of malpractice claims that you can file in the court of law. Medical negligence claims are a type of malpractice that involves a health professional failing to provide medical duties in a competent manner. There are varieties of requirements that must be acknowledged in order for your medical negligence claim to have validity and result in you being awarded monetary value.

Abrupt Filing

The first thing that you need to consider when it comes to a medical negligence claim is the time period that you have to file a claim. By law, there are deadlines in place that make it essential that you file a medial negligence claim. This means that if you were injured as the result of medical malpractice, you need to file a claim before the time period to file has run out. The limitation on the amount of time that you have to file will range based on region and type of medical negligence case that you have. This means that after the incident occurs, you need to learn about the exact amount of time that you have available to file a claim.

Doctor Patient Relationship

Another variable that matters when you are filing a medical negligence claim involves your ability to prove a preexisting doctor patient relationship. This means that you need to be able to prove that a doctor and patient relationship did in fact exist at the time of the incident. This involves the medical professional prescribing treatment or giving you medical advice in some way during the time period when the incident took place. Without this type of relationship substantiated, you have no medical negligence case.


The most important factor to a valid medical negligence claim is the ability to prove negligence. This is not always something that is easy to prove within the court of law. This means that you need to have overwhelming evidence on your side. Negligence basically means that the doctor did not have the skill that is expected of a trained and qualified medical professional. In order to prove that a doctor acted without skill, you have the ability to use a variety of different methods. This can include medical records, the testimony of other medical professionals or standard course of treatment documentation. The negligence not only needs to be proven, but it also needs to be proven to be the actual cause of the injury or illness that resulted.


28 October 2015

Marriage doesn't have to be a life sentence

No one gets married planning to get divorced, but by the time I see them it's pretty obvious why they are getting divorced. When a marriage is beyond repair I'm there to fight for my clients right's under family and property law and to get them the best deal I can possibly negotiate. Even if you feel like your case is messy or complicated, I can guarantee in my time as a lawyer I have seen and heard worse things! This site has a collection of useful articles and links on developments and case law in the Family Court of Australia.