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Finding a medical negligence lawyer in Melbourne


Medical negligence

Medical negligence can happen in any setting. Whether you’re just getting your teeth cleaned or you’re going in for major surgery, a medical professional’s job is to ensure they treat you to the best of their ability while under their care. However, there may be times when the medical practitioner you’ve put your trust in has failed to meet the standard of care you expect from them.

Mistakes or negligence during medical treatment can result in not only illness or infection but further injury, disability or potentially death.

Gerard Malouf & Partners are the leading Australian no-win, no-fee law firm in Melbourne and specialise in maximising compensation results from your medical negligence claim. We can support you every step of the way.

Spotting 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 or signs of addiction, abuse or overdose potential.
  • 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, lost test results, error 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: Injuries in childbirth can occur before, during and after the child is born and can have detrimental implications. This malpractice issue can be anything from not informing the parent their child has Downs Syndrome to excessive force removing a baby from the birth canal.
  • 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. However, the doctor may leave tools or medical devices inside the patient or perform surgery on the wrong part of the body.


You have the right to file a claim against a medical professional, a team or a hospital for any of these medical malpractice issues. Your clinician owes you a duty of care, if they breach that duty and the breach caused injury or damaged then you are within your rights to file a lawsuit.

Some other situations involving medical negligence include:

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



What GMP medical negligence lawyers can do for your claim

Medical negligence lawyers can help manage the complex nature of personal injury law based on years of experience and specialisation. If you’re looking for the best lawyer for your claim, Gerard Malouf & Partners is prepared to fight for the compensation you deserve.

When you give us a call, we will first schedule a no-obligation consultation for one-on-one legal advice and we can decide if you have a case.

Our consultation will help to determine the details of your case as well as your eligibility to file. Your eligibility will depend on whether or not the medical professional or hospital should have been the entity that was treating you directly. To determine this detail, collect medical records of your health practitioner and any evidence leading up to the accident.

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.

Proving negligence

The most important part of winning your medical negligence case is proving that the person or group of people who owed you a duty of care breached that agreement. A person 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.


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

Compensation processes specific to Victoria

Each state differs in how it handles medical negligence claims. Your personal injury lawyer will know the ins and outs of filing the claim in Melbourne. Medical negligence is regulated by the Wrongs Act 1958 and common law. What this means is that a person may be negligent when they fail to exercise reasonable care and skill. Such an act can lead to legal matters if the patient incurred injury as a result.

A medical professional will be called in by your lawyer or the hospital you are suing to have you examined for significant injury. You can receive compensation for non-economic loss, but you must show that you have sustained whole person impairment of at least 5% of your body or 10% for psychiatric injury.

Furthermore, according to the Limitation of Actions Act 1958, you can begin legal proceedings regarding your claim within three years from the date you become aware of the damages you have suffered. No claim can be brought in that is 12 years or older after the injury regardless of when it was discovered.

Gerard Malouf & Partners is a Leading Australian No Win No Fee Law Firm. We specialise in maximising the compensation results from your medical negligence claim. If you’re ready to earn the compensation you deserve for your personal injury, give us a call today to set up a consultation.


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Frequently Asked Qeustions

More information about car accident claims

Commonly asked questions concerning motor vehicle accidents and claims for compensation.

Compulsory Third Party (CTP) insurance is the insurance plan required for all drivers in Australia. This insurance is typically purchased when registering a car and may even be included as a part of your registration cost. CTP insurance is important for car accident victims because it’s meant to cover any personal injury payouts that result from an incident. 

Immediately following a car crash, call the police if you suspect the other driver is under to influence, and call for paramedics if you suspect you have an injury.

Following this, calling your insurer is advised, as well as taking details from other parties and witnesses. Note down any details including time, data and take photos of the scene. 

Where a vehicle cannot be identified, the legislation provides a nominal defendant, which is most cases is the Motor Accidents Authority. A nominal defendant is a substitute for the other party.

Each motor vehicle accident claim requires a police report, accident notification form and personal injury claim form. The claim form is central to your claim and we recommend speaking with a lawyer to ensure the best chance of success. Once you lodge your claim, an Independent Medical Assessor reviews your claims. 

A no-win, no-fee lawyer can help you pursue your case without the financial risk that would usually be associated with a lawsuit.

Opting for a no-win, no-fee legal team means you will only be charged for their services if you succeed in your claim. This takes away a considerable amount of pressure, allowing you to proceed with a case without worrying about how to cover the costs if you lose.

Getting hit by a car when you are cycling can have devastating effects. In a motor vehicle accident involving a cyclist, the cyclist is almost always injured far worse than anyone else. In addition to personal injury, a cycling accident claim may include pain and suffering damages.

The main goal when pursuing a claim for a bicycling accident involving a motor vehicle is providing the proof of fault and of your injuries and potential other losses. Your accident claim will need to be presented by a qualified attorney who is familiar with cycling accident scenarios, and who will be able to give you the support you need.

At Gerard Malouf & Partners, we will work hard to get you the cycling accident compensation you deserve.

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Our Difficult Case Policy

At Gerard Malouf & Partners we have introduced a policy that if any case appears to be overly difficult or unlikely to obtain a good result for the client our lawyers must bring it to the attention of the management team via a detailed pro forms explanation early and then our management team will take all steps possible to ensure it is successful and that we obtain the maximum result for the client.

This is unlike other law firms who often run compensation claims in a mechanical way. At Gerard Malouf & Partners, our personal injury claims services handle each claim thoroughly and comprehensively prepare it in every aspect.

This is more tedious, more complex and costlier for our firm in some ways but the best result will be achieved every time for our clients seeking accident injury compensation service. It is our professional obligation to strive not just for some justice but for the maximum achievable. This is our core philosophy and what differentiates us from other law firms.

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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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