Medical Negligence Lawyers In Adelaide

Medical complications can have devastating and irreversible effects on your life. Contact us to assess whether you have a claim for your losses.

Have you suffered injury caused by a health professional?

Did the health professional fail to obtain the necessary consent from you, fail to diagnose an illness or injury, or fail to treat you appropriately?

If you or a loved one has suffered due to medical malpractice, finding expert legal support is crucial.

As leading medical negligence lawyers in Adelaide, we specialise in helping victims of medical errors seek the justice and full compensation they deserve.

What is Medical Negligence?

Medical negligence occurs when a healthcare professional fails to provide the appropriate standard of care, resulting in harm to the patient. This can happen in various forms, including:

Misdiagnosis or Delayed Diagnosis – Failure to diagnose a condition can lead to severe complications or unnecessary suffering.
Surgical Errors – Mistakes during surgery, such as operating on the wrong body part or leaving surgical instruments inside a patient, can have life-altering consequences.
Medication Errors – Incorrect prescriptions or dosages can cause serious harm or even death.
Birth Injuries – Injuries to the mother or child during childbirth due to medical oversight or improper procedures.

Common Issues When Seeking a Medical Negligence Claim

When seeking a medical negligence claim, individuals often face several significant challenges. These problems can make the claims process complex and emotionally draining.

The biggest issues that claimants face include:

Proving Negligence

One of the most challenging aspects of a medical negligence claim is establishing that negligence occurred. It’s not enough to prove that a mistake was made; you must show that the healthcare professional failed to meet the standard of care expected in similar circumstances. This requires:

Expert Testimony – Medical experts need to review your case and confirm that negligence led to your injury.
Complex Medical Evidence – The claim relies on gathering detailed medical records, test results, and other forms of documentation to substantiate your claim.

Establishing Causation

After proving that the medical practitioner acted negligently, the next hurdle is proving causation—the direct link between the negligence and the injury. This means showing that the healthcare provider’s mistake directly caused harm or worsened your condition. Often, the defendant’s legal team will argue that the injury could have occurred regardless of the medical treatment provided.

Time Limits for Lodging a Claim

In South Australia, strict time limits apply to filing medical negligence claims. You generally have three years from the date of the injury or from when you first became aware of the negligence to file your claim. Failing to act within this timeframe can prevent you from pursuing compensation, even if your case has merit. There are some exceptions, such as for children or those with mental disabilities, but timing remains critical.

Emotional and Financial Strain

Pursuing a medical negligence claim can be emotionally and financially taxing. Many claimants are dealing with the physical and emotional effects of their injuries, which can make the legal process more overwhelming. In addition, the costs involved—such as medical reports and expert witness fees—can be prohibitive, especially if the case drags on for an extended period.

Lengthy Legal Process

Medical negligence cases are often highly complex and can take years to resolve. During this time, you may be required to attend multiple meetings, provide detailed evidence, and potentially attend court. The legal process can be slow, and in some cases, settlement offers may be delayed to pressure you into accepting lower compensation than you deserve.

Defendant’s Strong Legal Defence

Hospitals, doctors, and other medical providers are typically well-defended by insurance companies and experienced legal teams. These teams are skilled at finding loopholes or alternative explanations to challenge the claim. Their primary goal is to minimise payouts, which can make it difficult for claimants to secure fair compensation without a highly experienced medical negligence lawyer.

High Burden of Proof

The burden of proof in medical negligence claims rests heavily on the claimant. You must demonstrate that the harm caused was more than 50% likely due to the negligent care you received. This level of proof can be difficult, especially in cases where multiple factors contributed to the injury.

Long-Term Impact of Injuries

In many cases, the injuries caused by medical negligence can lead to long-term or permanent health problems. These may include ongoing medical costs, rehabilitation, and lifestyle changes. The financial and emotional strain of coping with these long-term effects can add further challenges to managing the legal process, especially if compensation is delayed or disputed.

How Our Medical Negligence Law Team Can Help You with Your Claim

At K + K Legal, we understand how devastating it can be when medical care goes wrong.

As experienced medical negligence lawyers in Adelaide, and a specialist personal injury firm who only focus on injury law, we have the expertise and experience to properly support you through this challenging time and ensure that you receive the full compensation you deserve to get appropriate treatment.

Our team of medical negligence lawyers specialises in representing clients who have suffered harm due to medical malpractice, offering expert legal guidance and a compassionate approach.

Here’s how we can help you with your medical negligence claim:

Evaluating Your Case

When you come to us with a potential medical negligence claim, we start by thoroughly assessing the details of your case. Our medical negligence lawyers will:

Examine your medical records and gather the necessary documentation to understand the full scope of the injury.
Consult with health professionals to determine if the care you received fell below the accepted standard and directly caused harm.
Provide you with honest, straightforward advice about the strength of your claim and the potential compensation you could receive.

This initial assessment is key in ensuring that your claim is valid and has the best chance of success.

Gathering the Right Evidence

In medical malpractice claims, proving negligence requires clear and compelling evidence. Our team will:

Collect all relevant medical records, test results, and witness statements to build a comprehensive case.
Work with leading medical professionals to provide expert testimony on the quality of care you received.
Prepare all necessary legal documentation to ensure that every aspect of your case is properly supported.

With our experience in handling medical negligence claims, we know how to gather and present the evidence needed to make a strong case.

Managing the Legal Process

The legal process for a medical negligence claim can be overwhelming, particularly if you are dealing with the physical and emotional aftermath of an injury. Our team will:

Handle all legal filings and deadlines, ensuring your claim is lodged within South Australia’s three-year time limit.
Manage communication with insurance companies and healthcare providers, relieving you of the burden of dealing with complex legal matters.
Provide regular updates on your case, so you are always informed about its progress.

We aim to make the process as smooth and stress-free as possible, allowing you to focus on your recovery.

Negotiating Maximum Compensation

Our goal is to secure the maximum compensation for your injuries and losses. Our medical malpractice lawyers will:

Negotiate with insurers and the defendant’s legal team to reach a fair settlement that covers all of your medical expenses, lost income, and other damages.
Advocate for your right to compensation for both economic and non-economic losses, including all current and future medical costs, rehabilitation, loss of income, pain and suffering and long-term care needs.
Ensure that any settlement offer is in your best interest and fully compensates you for the impact of the negligence.

If a fair settlement cannot be reached, we are fully prepared to take your case to court.

Representing You in Court

While many medical negligence cases settle out of court, some may require litigation to secure the best outcome. Our experienced personal injury lawyers will:

Represent you in court, presenting compelling evidence and expert testimony to prove your claim.
Argue your case effectively, ensuring that the court fully understands the extent of the harm caused and the compensation you deserve.
Guide you through the entire court process, from pre-trial preparation to the final verdict.

With K+K Legal, you will have a skilled legal team of negligence lawyers fighting for your rights every step of the way.

No Win, No Fee* Legal Representation

We understand that pursuing a medical negligence claim can be financially challenging, especially when you are dealing with medical bills and lost income.

That’s why we offer a No Win, No Fee arrangement*. You won’t have to worry about legal fees unless we successfully secure compensation for you. This ensures that financial concerns don’t stand in the way of justice.

Providing Compassionate Support

We know that medical negligence claims are not just about the legal process—they are about helping people rebuild their lives. Our lawyers will:

Offer compassionate support and guidance, understanding that this is a difficult time for you and your family.
Provide clear explanations of each step in the legal process so that you are always informed and empowered.
Tailor our legal strategies to meet your specific needs, ensuring that your case is handled with care and sensitivity.

Have You Suffered Due to Medical Negligence? Contact Us Now

Don’t wait and worry about what to do next. Early legal advice will assist you to properly investigate whether you have a claim and how to proceed. Contact us today for a free consultation to establish how to move forward with your claim.

FAQ About Medical Negligence Claims

Who can I make a medical malpractice claim against?

You may be able to claim against medical and dental practitioners, specialists and allied health workers. You can also make a claim against public and private hospitals.

Who is eligible to make a medical negligence claim?

You need to have suffered injury as a result of a practitioner’s negligence. You will also need to show that the level of care or treatment you were provided with (or not provided with) was not to the standard required of a competent practitioner in Australia at the time you received the care or treatment.

This is a complex area that is almost always defended, so you should contact us as soon as possible for us to assist you. Your first appointment is free.

What sort of compensation can I claim for medical negligence?

If your practitioner is found to be negligent, you may be entitled to compensation including:

Pain and suffering;
Past and future lost wages;
Medical expenses, including the costs of medication, treatment and surgery;
Your future care needs.

How long do I have to make a medical negligence claim?

You need to provide notice of a claim to the practitioner at fault within 6 months after your injury. We will draft and send this notice on your behalf. If your claim does not resolve within 3 years of the date of your injury, you will need to issue legal proceedings. For a child who has been injured, they must issue proceedings before their 21st birthday.

Do I need a medical negligence lawyer to make a claim?

While you can file a claim on your own, having a medical negligence lawyer greatly increases your chances of success. Our lawyers understand the complex legal and medical issues involved, can gather the necessary evidence, and negotiate for the compensation you deserve. Additionally, we can guide you through South Australia’s specific legal requirements and deadlines for making a claim, making the process far smoother and quicker than if you went about it alone.

Testimonials

Meet the Team

Peter Kourbelis

Principal

George Krashos