This requires her to have knowledge of anatomy, surgical techniques, infection control, nursing care, and emergency medicine. Alongside this, she has experience in public liability claims, and an interest in coronial inquests, nursing home neglect, and cases involving children.

Outside of full-time work with her firm, Ms Haikerwal is involved in the Australian legal and medical community through her work as a committee member of the Law Institute of Victoria’s joint AMA/LIV/VicBar medico-legal standing committee 2022, co-chair of Victorian Women Lawyers and participation in the VWL’s Law Student Mentoring Program, and as a volunteer with the Australasian Birth Trauma Association (ABTA). 

Having been raised in a family that was grounded in science and medicine, Ms Haikerwal’s love for and interest in medicine began early. However, after developing a passion for law in addition to this, she decided to complete a double degree in law and medical science at the Australian National University.

She spoke to Lawyers Weekly about what she finds exciting about personal injury law, why this field is important in a post-pandemic environment, how she defines success in her field, and how emerging lawyers can overcome challenges and thrive in this area of the law.

What excites you most about the medical law field?

What excites me the most is just how much there is to learn from it. Although we have the same set of legislation at our disposal every time, every case is different, so we have to use different strategies and apply them in different ways every time. On top of that, to add another level of complexity, you have to have an understanding of the medicine. If you don’t, it’s quite hard to understand where the pressure points are and what the issues are in each case. For me, it’s a great opportunity to learn new things in both law and medicine. When you work on a case, you really feel like you become a bit of an expert in the field of medicine as it relates to that case. I’m not saying I’m a doctor in any way, but I do feel quite good about coming away knowing the law and improving my medical knowledge. Both these skills help us get our clients a result.

What led you to this field in law?

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I’ve grown up in a family where everyone is in different areas of science, including medicine, so I’ve always had a bit of a love for science. Also, going into the field of medical litigation felt like such a genuine way to use both my law and medical science degrees. Law and medicine are two different vast careers and professions, so it’s great for me to build my knowledge around medicine while still doing what I love to do, which is practise law.

Why is medical litigation an important area of the law to focus on right now?

One thing that has been highlighted in a post-pandemic world is how understaffed and under-resourced many of our public hospitals and nursing homes are, and it’s really sad to see that. Unfortunately, when that happens, there are consequences, which very sadly can mean people sometimes die or get injured even though it could have been prevented.

I have so much respect for everyone in the medical and allied health profession because what they do is so important. But when people get injured through no fault of their own, it is equally important for them to have a voice and ensure they are able to fight for themselves and get back on their feet. The way to do that is through monetary compensation. It is a real privilege for me to be a part of that journey. I also hope that as more people raise their voice and are advocated for when they are injured, it will spur the big institutions to recognise where the flaws and faults are in their system and improve them to prevent them from happening again. I hope reforms and further funding will follow as well.

What defines success in your field for you?

In medical negligence law, success comes from our clients. This doesn’t necessarily mean that I get compensation for them because a successful medical negligence claim requires that we fulfil all the criteria in the legislation, and sometimes we are not able to get the evidence from an expert that fits that box to be able to win your claim. So, on the one hand, if I can meet a client and ensure that by the end of the process, they have received compensation, I feel I have been successful. But if I can’t do that, I still want to make sure that we have investigated as much as possible and they feel empowered that they have at least been informed of their rights. I count that as a success too. Our job is to provide them with the best and most accurate legal advice and ensure that at the end of the claim, they’re not more traumatised than when they started.

What challenges have you faced in your career, and how have you overcome them?

In my experience in personal injury, you essentially get your own files as soon as you become a lawyer and you’re in control of them, which is really exciting. But that also means you need to make a name for yourself early on. In such cases, it’s easy to second-guess yourself, especially when you’re working with senior barristers and lawyers with years of experience. You can feel like you’re very small, and your opinion doesn’t matter. So, I think a real challenge is believing in yourself. You need to remember that your thoughts are just as valid as anyone else’s, regardless of their level of experience. As long as you are prepared and you arm yourself with knowledge about the case, you can overcome these challenges.

What opportunities are there for new lawyers entering your field?

We’re seeing a shift in mentality in personal injury away from people wanting to join firms because of their name. While those firms are amazing, you can do so much in the injury space by being in a boutique law firm and targeting your niche area in personal injury. Having a mentor who will be your champion and will support you through it is critical. I think it’s really exciting because you get the mentorship early on, along with the case files and the responsibility of working with clients every single day. You get those opportunities as a junior lawyer, which is great.

You’re involved with the legal and medical community outside your full-time work. How important is it for new lawyers to get involved in their community outside their work in their organisation?

Full-time work is pretty demanding in and of itself. I would suggest that if you genuinely want to be involved in committees or other things in your field, absolutely go for it. There are some great communities and committees out there that you could join and make a difference through reform change or promoting women. But only do it if you’re genuinely interested. If you’re doing it just to fill your resumé, it could become a chore. And no one likes doing chores! You need to respect your time. If you want to use your time to do extracurricular activities, that’s fantastic. But if you want to spend time with your family and friends outside of your work hours, that’s great too. I’m really thankful that conversations around work/life balance are becoming louder.

What tips would you have for young lawyers entering their respective fields?

My biggest tip is to give it a go. Figure out what you want to do. Don’t feel like you need to follow the mould. Secondly, ensure that you network with your peers by attending events. Be brave and start conversations with people. Ask them to share their journey to success. Ask them out for a coffee. Don’t be afraid to ask for help. This idea of having to make it on your own is great, but I can assure you that I’ve only got to where I am through the network that I have. They have helped me along the way, and that’s something I’m really proud of. I hope to pay it back to the new generation of lawyers in the future.

If you missed out on submitting an entry or nominating a worthy colleague for the 30 Under 30 Awards 2022, don’t worry! Keep an eye out for the launch of next year’s awards program, and make sure you throw your name in the hat for a chance to be recognised for your hard work and achievements!