In this matter, our client consulted with her general practitioner for the purpose of obtaining an iron infusion.
The general practitioner who performed the injection did not do so properly, and the medication was subsequently injected directly into our client’s tissue as opposed to her vein. This resulted in a significant extravasation injury. Despite our client’s complaints of severe pain and pressure, the GP failed to recognise the error within a reasonable time and proceeded to administer a second injection.
As a result of the extravasation injury, our client suffered scarring and discolouration on her arm at the site of the injections. This also understandably caused psychological harm.
Our client subsequently decided to reach out to Gerard Malouf & Partners to enquire about a potential medical negligence claim. Medical negligence lawyer, Mr Keegan Behrens, handled her case and argued on her behalf that the treatment provided by her general practitioner was unreasonable.
Independent expert evidence was obtained which supported our client’s allegations that the general practitioner had failed to competently administer the iron infusion.
It was decided that the best option for our client to reach a positive outcome would be to enter into settlement negotiations between the parties by way of mediation. Mr Abbas and his team, including an expert barrister, negotiated a settlement of $100,000.
Negligence is a failure to exercise the care that another in the same position would prudently exercise. The harm caused by negligence is considered to be due to carelessness, rather than a specific intent or determination to cause harm.
While negligence can include misconduct in a variety of circumstances, malpractice is reserved for professionals who fall grossly short of their obligations — and harm others in the process. As a result, malpractice is often called “professional negligence”. If a licensed professional (such as a doctor, lawyer, or accountant) fails to provide the accepted standard of care and subsequently causes harm to the plaintiff, this form of negligence may be known as malpractice.
Medical malpractice is specifically used in reference to medical workers who have committed acts of negligence.
Demonstrating that a doctor fell short of their duty of care can be a challenging process. While most doctors try their best to correctly diagnose conditions and provide timely medical treatment, they can’t always be right. In every state, protections are in place to shield practitioners from some litigation. These give practitioners peace of mind on the job and protect hospitals that are doing their best with limited resources. However, these laws also set the bar for receiving compensation incredibly high.
Overall, to win a favorable judgment, you must be able to prove Duty, Breach and Damages.
If you have been injured or an existing condition has got worse following a medical procedure, or even just a visit to the doctor, then you may have been the victim of medical negligence and you may be eligible to make medical negligence claims against the professional who caused your injury.
If you can first show that you have suffered harm, and secondly, that a medical professional failed in their duty of care towards you then you may be entitled to compensation.
The length of time required to resolve medical negligence claims 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 will take between 12 and 24 months to resolve your case.
Cases that are resolved through mediation tend to be a lot quicker. The opposite is true of cases that go to the Supreme Court, where the likely time frame from your first meeting with us to reaching a conclusion extends to 36 months.
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In the spirit of reconciliation GMP Law acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea, and community. We pay our respects to their Elders past, present, and emerging, and extend that respect to all Aboriginal and Torres Strait Islander peoples today.
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