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Common questions

A few things firms ask.

How long does a merits assessment take?

Usually within about a month. The main variable is the medical records: where they have to be requested, providers can take up to around eight weeks — occasionally longer — which extends the timeline. We'll give you a realistic estimate for your matter at the outset, and we chase the records so you don't have to.

How does payment work?

You only pay if you proceed. We complete the workup and deliver the chronology, the records and our merits view; you review it and decide whether to run the claim. A matter you decline costs you nothing. Engagement terms are discussed directly and shaped to your firm.

What kinds of matters do you take?

Medical negligence, anywhere in Australia. We expect to extend to personal injury in time.

What do you need from us to begin?

Typically: the client's signed authority to obtain medical records; any records, correspondence or notes you already hold; a short account of what happened and the outcome; and any key dates — especially limitation. If anything's missing, we'll tell you exactly what we need.

What do we receive at the end?

Three things: a medical chronology, the assembled clinical records, and a case merits memo — our considered view on whether the claim is worth running, with the reasoning behind it. It's ready to drop into your existing process.

Is there medical input?

Where the clinical merits warrant it, we draw on independent practising specialists relevant to the matter to test the clinical picture.

How do you handle conflicts of interest?

We run a conflict check before accepting any matter, and decline where a conflict exists.

Do you give legal advice, or act for the client?

No. Whitakr performs the merits workup and forms a view. The instructing firm retains conduct of the matter and complete discretion over what happens next.

What if we disagree with your view?

It's your call. The view is yours to accept, weigh, or set aside — you hold conduct throughout. Our job is to give you a clear, honest position to decide from.

Is it confidential?

Yes. Sensitive medical records are handled securely and in the strictest confidence, in line with Australian privacy law — see our Privacy Policy.

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