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Melbourne Medical Negligence Lawyers

No one deserves to suffer an injury they didn’t cause.

We'll help you win maximum compensation.


Medical negligence claims

Mistakes or negligence during medical treatment or while under the care of a health practitioner can result in not only illness or infection, but injury, disability or potentially death.

GMP Law are the leading medical negligence no-win, no-fee law firm in Melbourne, specialising in personal injury claims. 

We're here to help

Contact us for no-obligation legal advice about your claim.

Why Choose Gerard Malouf & Partners
in medical negligence claims.
0 %
winning cases for our clients.
translating to billions of dollars for our clients.

Identifying medical negligence

Any deviation from the accepted ethical standards of a medical professional can result in medical malpractice. While some errors can occur more often than others, this does not negate the pain and suffering a patient can incur as a result.

Some common types of medical malpractice claims include:

  • Prescription drug error: Mistakes regarding prescribing the wrong drugs to a patient can be as mild as an allergic reaction or a loss of life. This can include prescribing the wrong medicine or the wrong dosage, or failing to recognise dangerous drug interactions.
  • Misdiagnosis or delayed diagnosis: A misdiagnosis can occur when a clinician fails to recognise clinical signs or symptoms, refers a patient to the wrong specialist, loses test results, makes errors in evaluating data or even mislabeled lab results.
  • Failure to treat the problem: Failure to treat is a direct violation of a doctor’s duty to you and can look like failing to provide instructions for follow-up care, failing to order the correct medical tests, or releasing a patient too soon from the hospital.
  • Childbirth injuries: Negligence in childbirth can occur before, during and after the child is born and can have detrimental implications to mother and baby. 
  • Surgical or procedural error: Whether in the emergency room or during elective surgery, every medical professional present in the operating room has a duty to prevent you from harm. Surgical negligence may refer to operating on the incorrect part of the body, perforating an organ, or leaving medical materials inside the patient.

You have the right to file a claim against a medical professional, a team or a hospital for any of these medical malpractice issues. 

Some other situations involving medical negligence include:

  • Nursing home negligence
  • Dental malpractice
  • Obstetric malpractice, negligence and mistakes
  • Cosmetic and plastic surgery malpractice
  • Elder Abuse

A medical negligence lawyer can help to determine if your experience and resulting health issue rise to the level of a medical negligence claim.


What is the process for filing a medical negligence claim in VIC?

Each state differs in how it handles medical negligence claims. Specific procedures and timelines vary depending on the circumstances of each case and the court in which it is filed.

Once your lawyer has established your eligibility to make a claim, the process involves obtaining medical records and evidence to support your case. Expert opinion from a third party medical professional will be sought.

Once your lawyer has gathered enough evidence, we will send a letter of demand to the healthcare provider or institution involved, outlining the allegations of negligence and the damages claimed.

The case will then proceed to mediation, an attempt to settle the matter out of court through negotiation. Our lawyers will represent your interests during these proceedings to ensure that you reserve the maximum compensation you deserve.

How do you prove medical negligence occured?

The most important part of building a medical negligence case is proving that the healthcare professional breached their duty of care. A person, or institution, is not negligent unless the following can be proved:

  • The harm or injury was foreseeable.
  • The risk was not too drastic or far-fetched.
  • A reasonable person in the same situation would not have made the same mistake.
  • Reasonable and competent healthcare provider would do in similar circumstances.

Determining this last requirement will be the primary concern of the courts as they review your case.

What are the time limits in a medical negligence claim?

According to the Limitation of Actions Act 1958, a claim must be brought within three years from the date you become aware of the damages you have suffered. 

Gerard Malouf & Partners

What makes us the Best Medical Negligence Lawyers in Melbourne?​

GMP Law’s expert personal injury lawyers can manage complex medical negligence claims based on years of experience and specialisation. We will fight to win you the maximum compensation that you deserve, in the minimum time possible. 

We start with a free no-obligation consultation, giving you one-on-one legal advice and evaluation of your case. Once we have established you have a claim, we will help you to collect medical records and supporting evidence.

Next, we will draft a brief to send to a medical expert who will look over the details of your case and full medical history. This is to determine what led to the injury or damage to your condition and what could have been avoided.

Once all of the information and data are compiled, we will meet again to compare information, build your case and then start proceedings. The next step will either be through mediation or will progress to court proceedings.

The result of a successful claim can help cover your medical expenses and any pain and suffering that accompanied the injury.

Conveniently located

When you contact us for a free consultation, you have the option to book a meeting with one of our lawyers at our convenient Melbourne office. 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 Melbourne, today.


Our Team

Our Melbourne-based
Medical Negligence Lawyers

Meet some of the diverse and dynamic medical negligence lawyers that support our clients with their medical negligence claims.

Our Promise To You

Our Difficult Case Policy

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.

We're here to help maximise your compensation

Book your free, confidential consultation with one of our medical negligence lawyers using the form below, or simply call us 1800 004 878.
About Us
Gerard Malouf & Partners have provided friendly, experienced legal advice to communities across Australia for over 35 years. Our Personal Injury Lawyers have taken on ten’s of thousands of cases and we are proud to have won billions of dollars for our clients.
Meet the diverse and dynamic team of compensation lawyers and supporting staff that have made this all happen below. Our multi-lingual team can discuss your claims in Arabic, Assyrian, Turkish, Greek, Italian, French, Serbian, Croatian, Armenian, Mandarin, Hindi, Punjabi or Malayalam.
Meet the diverse and dynamic team of compensation lawyers and supporting staff that have made this all happen below. Our multi-lingual team can discuss your claims in Arabic, Assyrian, Turkish, Greek, Italian, French, Serbian, Croatian, Armenian, Mandarin, Hindi, Punjabi or Malayalam.

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