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How do I know I have a medical malpractice case?

Understanding whether or not you have a valid medical negligence claim can often be a stumbling block for people who are looking to claim against medical malpractice.

If for whatever reason you believe you have been the victim of medical negligence, knowing what constitutes malpractice can help clear up some of the confusion that may have prevented you from making a claim previously.

What is the actual definition of negligence?

Medical practitioners in Australia are obliged to demonstrate a duty of care when caring for patients. The Medical Board of Australia says that "there are certain professional values on which all doctors are expected to base their practise."

It is the duty of all medical practitioners to make the care of their patients their primary concern. As well as this, they must be both ethical and trustworthy.

Breaches of this duty of care can range from a failure to acknowledge and warn a patient of the dangers that come with surgery, to the incorrect identification and diagnoses of an illness.

What do I need to do if I think I've been the victim of negligent care?

The first thing you need to do is contact an experienced medical negligence lawyer. Making a negligence claim can be a complex and confusing matter. By getting in touch with an expert medical negligence claims lawyer, it's possible to know what your chances of coming away with a successful outcome.

Thoroughly reviewing your case with a fine tooth comb is something that negligence lawyers will do to ascertain whether or not the case has legs. Medical negligence lawyers know what to look for and what they are dealing with when it comes to cases of negligence.

When conducting their research, lawyers will need to get as much detail from you as possible. The more detailed the information they receive, the more straightforward the case will be. It's imperative, therefore, that you be as clear and informative as possible with our lawyer.

Why are some cases not pursued?

More often than not, patients don't follow through with a malpractice case simply because they are unaware of what constitutes malpractice. Another reason is that some people fear that other practising medical practitioners will learn of their case and refuse to treat them as a result.

Others fear that making a claim for medical negligence will result in the cost of future medical care rising and there are others who are reticent due to fear of the personal and financial costs that are perceived as coming with making a claim.

This is where we can help. With Gerard Malouf & Partners operating a No Win No Fee basis, you can rest assured about your finances.

© 2021 
Gerard Malouf & Partners
 — Personal Injury Compensation Lawyers

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