Medical Negligence

What is medical negligence?

Medical negligence can occur when medical treatment falls below the standard expected and causes harm. Not every poor medical outcome is negligence. Medicine involves risk, and some complications occur even where care is appropriate.

Medical negligence claims are complex and require careful assessment. We begin by listening to your experience and reviewing the available information. We then explain how the law approaches medical care in situations like yours.

Some enquiries justify further investigation. Others do not. Where the available information does not justify taking the matter further, that position is explained openly.

Many people contact us simply to understand whether what happened may amount to negligence and what time limits apply. That discussion does not commit you to making a claim.

What kinds of situations can give rise to medical negligence?

Medical negligence claims can arise in many different situations, including:

• • problems during surgery
  • delayed or missed diagnosis
  • incorrect medication
  • failures in hospital care
  • problems during pregnancy or birth

Some injuries are obvious straight away. Others only become apparent over time. In many cases, expert medical evidence is needed to understand what happened and why.

How does James Law approach medical negligence matters?

We begin by listening carefully to what you experienced and how it has affected you.

We then review the available information, including medical records, and explain how the law looks at medical care in situations like yours. Medical negligence claims are complex and are assessed cautiously.

Some matters justify further investigation. Others do not. Where the evidence does not support a claim, we explain that openly so you can make an informed decision.

Are there time limits?

Yes. Medical negligence claims have time limits.

In many cases, a claim must be started within three years of the medical incident. For children, different timeframes may apply. In some situations, time may run from when an injury was first discovered, rather than when the treatment occurred.

What can people expect from James Law?

People who contact James Law can expect:

• • careful listening
  • clear explanations of how the law works
  • practical advice about whether a claim should proceed
  • direct involvement from the lawyer handling the matter, if we act

Each matter is assessed on its own facts and evidence.