Three things a personal injury lawyer wants women to know about medical negligence
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Every day, Alison McNamara helps women who have faced life-changing medical experiences.
It’s her passion – and part of her role as Solicitor Director of Commins Hendriks.
From birth trauma to hysterectomies, failed sterilisation and gender affirmation surgeries, Alison has seen it all across her 20-year career. But as more and more women and female-identifying people seek legal advice for female medical negligence, there are a few things she wants them to know.
We sat down with Alison to talk about why women need to stop hesitating when seeking legal advice – and why making that first phone call can make a real difference in their lives.
It’s worth making that phone call
From physical to psychological trauma, female medical negligence can have a profound impact.
Supporting clients through birth trauma claims including issues such as caesarean section complications, perineal tears, post-partum haemorrhages, stillbirth, brain injuries, as well as the ongoing effects of other procedures including hysterectomies to name just a few, Alison says she wants women to know that if they feel like they’ve been impacted by medical negligence, it’s worth making that first phone call.
“I am very passionate about women who have an injury but don’t know what to do about it or how to get help,” she explains.
“I really want women to know that seeking legal advice is an option available and it’s worth a discussion.”
Explaining that making that call could lead to compensation that eases pain and suffering, covers medical costs, and recovers lost wages, she says that even if women aren’t sure if what they have experienced is medical negligence, they shouldn’t let uncertainty hold them back from understanding their rights.
“It’s worth asking the question to assess if we can make a claim. Because if we can, the benefits can be huge if we are successful,” she says.
“If I could pass on any message, it would be to make that first phone call and not to be scared about it.”
You don’t have to have all the answers
Physical or psychological injuries can come with enormous costs – from medical bills to loss of income. Alison says making that initial phone call is important in helping women rebuild their lives. And the sooner they get in touch, the better.
“Women are suffering for too long…if you feel like you’ve experienced negligence at the hands of others, and it’s had an effect on you physically or psychologically, you should make a call so we can help assess your claim and undertake investigations,” she explains.
“There are strict time limits – which is generally three years since the injury – but there’s a lot to do in that time, so the earlier, the better.”
But one common misconception – apart from the concern that reaching out to a lawyer commits you to a lawsuit – is you need to have all the details straight away. Alison says that it’s not the case; the Commins Hendriks team handles the investigation, documentation, and case-building, so you don’t have to carry that burden.
The Commins Hendriks team.
“The call is an easy step and if you call us, you have someone on the other end who genuinely cares is going to try to help you,” she says.
“You don’t have to have all the information or all the answers straight away – we’re just interested in what happened and how it’s affected you. That’s the starting point and then we can go from there.”
Talking to a lawyer doesn’t have to be scary…and you’re not alone
For many women, a traumatic medical experience can become an unresolved, painful chapter in their lives.
Alison also wants women to know that it’s normal to feel vulnerable when reaching out to a lawyer but that their experience matters – Commins Hendriks understands the rollercoaster of emotions many women experience when seeking legal advice.
“Women tend to look after everyone else first and we put our own needs last….We’re typically the last person to think ‘I’m actually not okay’,” says Alison.
“That’s the thing I want to break down.”
Explaining that for many clients having a sense of closure is an important aspect of contacting Commins Hendriks – whether a claim is made or not – Alison wants more women to put themselves first and let someone fight for them.
She also wants women to know that “there is no downside to making that call.”
“There is a sense of closure and being able to move on once you have had those answers about whether something went wrong,” she says.
“There are people here who understand, can make it easy for you, care for you and what happened, and are prepared to stand up and fight for you…we can take that on and advocate for you.”
For more information, visit comminshendriks.com.au
