Medical malpractice can occur in any setting where you are under treatment from a healthcare professional, commonly a doctor, surgeon, or nurse who fails in their duty of care. If you have suffered an injury or the worsening of an existing condition, as a result of medical negligence, you may be entitled to cpmpensation.
At GMP Law, our medical malpractice lawyers have managed thousands of medical negligence cases on a “no win, no fee” basis. If you would like to discuss your claim, understand next steps and your right to compensation, call us for an initial, no obligation consultation with one of our lawyers.
in medical negligence claims.
winning successful cases for our clients.
translating to billions of dollars for our clients.
Some common situations of professional negligence by a health professional include:
First, we meet with you to discuss your situation with one of our medical negligence lawyers to understand whether you are eligible to make a claim.
If you are eligible for a claim, we will work with medical experts to build your case and prepare an accurate chronology of the event that led to the injury or worsening of your condition.
We manage your case until either mediation is agreed upon between the two parties or it progresses to court proceedings.
We take on 100% of all upfront costs for you. If you don’t win, we won’t charge you anything for our work — that is the basis of our law firm.
This approach also signifies that if — in the rare instance — we do not win your case, you will not be required to pay a contingency fee for our work together.
This means that you can focus more on healing, without the additional worry of legal costs by seeking the compensation you rightfully deserve.
Upon winning your case, we do not charge a percentage of the settlement — as may be commonly expected. Rather, we charge based on our time.
We are dedicated to serving Australia with the utmost commitment to our clients’ success and satisfaction, as evidenced by our 98% success rate and $4 billion in settlements delivered. In the unlikely event that one of our clients is unhappy with our services, we are prepared to lower our fee arrangement. However, we trust that you will be pleased with our services and the outcome of your claim alike.
Explore the types of Medical Negligence claims that Gerard Malouf & Partners help to manage.
Commonly asked questions about medical malpractice compensation.
Damages in the form of financial compensation will always depend on the particular circumstances of your case.
However, damages can be broken down into the following four categories:
In all cases, the negligence and the harm suffered need to be linked to the loss. So, for example, if you have been unable to work for an extended period, you need to be able to prove that it was because of the injury or worsening medical condition, which in turn was a result of negligence.
If you haven’t worked since the incident in question, but you can’t prove it was because of the harm you suffered, then this would affect the damages you could claim as well.
It is also worth noting, that it may be possible to claim compensation if a close family member is harmed as a result of negligent treatment This could include the cost of caring for that person or your own nervous shock as a result of the incident.
Usually, a medical negligence claim needs to be filed within three years of an incident taking place.
There are exceptions and this is an area where a medical negligence lawyer can make a huge difference. We recommend that anyone who believes they have been the victim of medical negligence take advantage of our free consultation to find out if they have a claim regardless of timeframes.
The length of time required to resolve a medical negligence claim will depend on a number of factors. Chief among them are the complexities of your particular case and how it is ultimately resolved.
Typically though – based on a wealth of experience fighting and winning medical malpractice cases – our medical negligence lawyers will advise you that it could take between 12 and 24 months to reach resolution.
However, cases that are resolved through mediation tend to be a lot quicker. The opposite is true of a medical negligence case that goes to the Supreme Court, where the likely time frame from your first meeting with us to reaching a conclusion extends to 36 months.
Medical professionals take insurance to cover themselves against the risk of legal action. For example, if a doctor had a medical indemnity policy they could use it to pay their legal costs and any damages that occurred as a result of a medical malpractice claim.
It is therefore most likely that you would claim damages from an insurance company rather than seek compensation from a medical professional directly.
Insurance policies of this nature would either be held by the practitioner themselves or handled by the hospital or medical practice that employs them.
In 2002, the Australian government was forced to step in after a series of cases with large payouts led to a sharp rise in medical indemnity insurance premiums. There was concern that medical professionals in high-risk disciplines might be forced out of the profession.
As a result, premiums for some medical indemnity policies are now subsidised by the Australian taxpayer.
At Gerard Malouf & Partners, it’s our professional obligation to strive for maximum justice and achievable compensation.
Our difficult case policy ensures that our senior lawyers and experienced management team oversee notably challenging cases. This makes sure that we achieve the best results for our clients seeking accident injury compensation.
We maintain integrity by not accepting a case if we believe it is unlikely to result in compensation, or if the costs to our client outweigh the benefits.
This is our core philosophy and what differentiates us from other law firms.
Call us now on 1800 004 878 to book a free appointment with one of our medical negligence lawyers, or make an enquiry online now.
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