Gerard Malouf & Partners Manage Cases For Clients Across All Areas Of Personal Injury Law, Inheritance Disputes And Superannuation Disputes.
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.
Read Our Latest Articles, Case Studies Or Commonly Asked Questions Concerning Your Legal Claims And Compensation Law.
In this matter, our client was undergoing surgical treatment at a public hospital in Sydney for a sinus condition. For the purposes of these procedures, hospital staff attempted to insert a cannula into our client’s left hand/arm for the delivery of anaesthetic.
As a result of the repeated failed attempts at cannulation, our client suffered a pseudo aneurysm and compartment syndrome in the left arm. These complications resulted in severe permanent injuries in our client’s left hand and arm.
As a result of the significant restrictions our client had to face on a daily basis due to her left arm injuries, she decided to reach out to Gerard Malouf & Partners to enquire about a potential medical negligence claim.
Medical negligence specialist, Mr Ray Abbas, handled her case and argued on her behalf that the treatment provided by the hospital staff was unreasonable. Supportive expert opinion was obtained.
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 a mediation. Mr Abbas and his team, including an expert barrister, negotiated a settlement of $370,000.
At Gerard Malouf and Partners we pride ourselves on assisting those who are mistreated, misdiagnosed and inadequately cared for by the health system. We are highly specialised and focussed medical negligence lawyers with our firm being small enough to care intimately for our clients, but large enough to have the solid, financial, medical and expert resources our clients need to match the big insurers we fight every day.
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.
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