At GMP Law, we have an expert team of medical negligence lawyers located in Sydney who are here to help you navigate the legal process on a no-win, no-fee basis. Our diverse and dynamic team of compensation lawyers strive to provide caring, expert legal counsel to all our clients — no matter how difficult your case.
Before filing a medical malpractice claim, it’s important to know what qualifies as medical negligence in New South Wales (NSW).
When a medical professional, such as a doctor or a nurse, fails to meet the standard of reasonable care and skill it is considered negligence under medical law. In NSW, anyone who has been harmed by medical malpractice may seek compensation under the Health Care Liability Act 2001. Damages awarded to a successful medical negligence claim are limited by the amendments within the Civil Liability Act 2002.
Examples of medical negligence include:
Filing a medical negligence claim in NSW starts with establishing if you’ve suffered an injury or harm as a result of a breach of care by a medical professional. Consult a lawyer that specialises in medical malpractice will help you to quickly qualify your eligibility of a claim.
Claims are filed with the insurance company covering the doctor, nurse or health care provider. Then, there is a period of investigation and negotiation that follows. If there’s no resolution with insurance, then we lodge a claim of negligence and the case will be heard by a judge in court.
You must file a claim within three years of the incident taking place or from when you realise your injury resulted from a breach of reasonable care by a medical professional. The limitation was established by medical law under the Limitation Act 1969.
However, there are instances where personal injury related to a breach of care can extend the time for bringing a medical negligence claim out to 12 years or more. These exceptional cases need a lawyer with personal injury and medical negligence expertise.
The length of time to resolve a medical negligence claim greatly depends on the nature and complexity of a case, which is why every claim is considered unique. It can take anywhere between 12 months to a few years to reach a settlement.
We are a leading no-win, no-fee legal team of compassionate and dedicated medical negligence and personal injury compensation lawyers. Our lawyers are experts in medical law, multi-lingual and, most importantly, we are successful at fighting for our clients.
At GMP Law, we manage several types of medical claims with diligence, expertise and experience in medical law.
Oftentimes, the claims process will involve medical assessments to prove injury, harm or loss. We do not accept the insurance companies medical injury assessment report; we seek the analysis of independent medico-legal experts to help maximise your compensation.
Our promise to you is that no matter how difficult your case, we will manage it thoroughly and comprehensively until either a resolution is reached in mediation or your case progresses to court. It is our professional obligation to strive not only for justice, but for the maximum compensation achievable. This is our core philosophy and what differentiates us from other law firms.
When you contact us for a free consultation, you have the option to book a meeting with one of our lawyers at one of three convenient Sydney addresses. In our initial consultation, we will learn about your situation and consider your eligibility to file for a medical negligence claim at no-obligation.
Schedule a consultation with one of our medical negligence lawyers in Sydney, today.
Download your guide to understand the steps you need to take to prove medical negligence, and what you should do first to improve your chance for success.
Meet some of the diverse and dynamic medical negligence lawyers that support our clients with their medical negligence claims.
Commonly asked questions concerning medical malpractice claims for compensation.
In Australia, a suit can be brought against any medical practitioner and their employer for failure to provide medical services under the reasonable standard of care. That’s why medical professionals are covered under medical indemnity insurance administered by the Department of Health.
Professional indemnity insurance is available to doctors, nurses, dentists, midwives and allied health professionals which can include:
Both the practitioner and practice should be covered by indemnity insurance to operate in Australia. Gerard Malouf & Partners have expertise to help you seek the compensation you deserve under medical law.
Financial compensation for physical injury or emotional harm caused by medical negligence varies according to the particular circumstances of each case.
Common types of harm resulting in damages paid include:
The amount of compensation paid for different types of claims is dependent on your situation. One of the largest medical negligence payouts in recent years was for $23.5 million paid out to 103 claims, averaging $230,000 per claim. Our lawyers negotiate for our client’s best interests.
Call us now on 1800 004 878 to book a free appointment with one of our compensation experts, or make an enquiry online now.
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