Frequently Asked Questions

To establish a medical negligence claim, a claimant must establish that the medical professional had a duty of care to them. There is legal recognition that a doctor owes a duty of care to their patient due to their professional expertise, skills, and knowledge.

​To prove medical negligence, the claimant must prove that:

• The medical professional owed a duty of care;
• The medical professional failed to exercise a reasonable standard of care;
• The patient suffered injury or damage; and
• The negligent conduct caused a foreseeable injury to the patient.

There are many healthcare providers and institutions in Australia, which we can assist you to make a claim against, including but not limited to:

Doctors

​• Surgeons

• Physicians

• General Practitioners

• Dentists

Pharmacists

Hospitals

• Private and public hospitals

Physiotherapists

Chiropractors

Occupational therapists

​Nurses

Midwives

Stern Law acts on a ‘No Win No Fee’ basis in compensation claims, initial consultation is free. Our credo is that a successful outcome must be a genuine ‘win-win’ where at the end of the day the client is comfortable with the result and considers it a win, even if it is as a result of compromise.

Compensation may include medical expenses, loss of wages, pain and suffering, emotional distress, and other damages. The exact types of compensation depend on the circumstances of your case.

The statutory limitations varies by jurisdiction, typically 3 years from the date of ‘discovery’. That is, the date which you became aware that you had a right to make a claim. In some instances, you may be able to claim for an incident that occurred many years ago. For negligence claims, there is also a 12 year ‘long stop’ limit which means that there is a threshold limit of 12 years, after which you can no longer claim. The law in relation to time limits is complex and therefore, sharing the material facts of the events would help us assess your situation and provide advice accordingly.

Signing a consent form does not absolve healthcare providers of negligence. Whilst there are assumed risks associated with medical procedures, however, the specific circumstances will be considered when evaluating the viability of a claim.

The vast majority of medical negligence claims settle by the alternate dispute resolution process e.g. Mediation. Matters will often be resolved in the lead up to a Court hearing as there are plenty of opportunity to resolve the claim between parties through negotiation.