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Medical Negligence Claims

Overview

What is medical negligence?

Medical malpractice occurs when negligence on behalf of a medical professional results in harm to a patient. That could be an injury or a worsening of an existing condition.

At Gerard Malouf & Partners we have a proven track record of fighting and winning medical negligence cases. Our capable, supportive and compassionate team can help you understand your rights and ensure that you get the compensation you are owed.

We work on a “no win, no fee” basis (subject to our terms). This means you can claim compensation for medical negligence without worrying about the financial burden of building a case, gathering evidence and running investigations. We take care of all of that for you.

When can medical malpractice occur?

Medical negligence claims occur when a doctor, surgeon, nurse or other healthcare professional fails in their duty of care to their patients. When treatment falls below the acceptable standard there may be grounds for compensation.

Medical malpractice can occur in any setting where you are under treatment from a medical specialist.

 

Causes Of Medical Negligence

What are common examples of medical negligence?

Medical negligence covers a huge range of conditions, treatments and areas of practice. But some common examples of situations involving medical negligence include:

  • General Practitioner and doctor negligence
  • Hospital negligence
  • Negligence in nursing
  • Nursing home negligence
  • Dental malpractice
  • Medication errors (wrong drugs, incorrect dosage)
  • Incorrectly performed operation or other procedure
  • Misdiagnosis or failure to diagnose
  • Failure to inform (or a delay in informing) about test. results or similar key information
  • Failure to warn about side effects or risks
  • Obstetric malpractice, negligence and mistakes
  • Cosmetic and plastic surgery malpractice
Free Resources
Our guide to medical negligence claims
Download your guide to understand the steps you need to take to prove medical negligence, and what you should do first to improve your chance for success.
Process

Do I have a case for medical negligence compensation?

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.

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.

However both elements are required for a successful legal case. If a medical professional has been negligent, but it didn’t result in some harm to you, then you wouldn’t have grounds for legal action. The same would be true if you were injured or your condition got worse, but it was not as a result of medical negligence.

We encourage anyone who believes they have been the victim of medical negligence or medical malpractice to get expert legal advice. At Gerard Malouf & Partners, we offer free consultations to help assess your potential claim.

How long do cases take to resolve?

The length of time required to resolve a case 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 – it will take between 12 and 24 months.

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.

How do I know I am eligible?

Usually medical negligence claims need to be filed within three years of an incident taking place.

However, there are exceptions and this is an area where expert legal advice can make a huge difference. We recommend that anyone who believes they have been the victim of medical negligence take advantage of our free consultation to find out if they have a claim.

Gerard Malouf & Partners

Why do I need a medical negligence lawyer?

Medical negligence and medical malpractice cases are highly complex. To successfully bring a claim and win compensation you need expert legal advice and the support of an experienced team of specialist lawyers.

At Gerard Malouf & Partners, we have a proven track record of getting positive outcomes for our clients. We have hundreds of medical negligence matters either ready to be lodged or awaiting a decision in the courts.

How we manage Medical Malpractice Claims

First, we will meet with you to discuss the details of your case and have you record a statement about what happened.

Next, we will design a brief to send to a medical expert, specifying some of the details of your case. We request your full medical history. This is to prepare an accurate chronology of the event that led to the injury or worsening of your condition.

We consult again with you to fill in any gaps within this chronology and revisit your original statement. Then we combine all this with the medical expert’s information to start proceedings.

Finally, we manage your case until either mediation is agreed upon between the two parties or it progresses to court proceedings.

Successful Claims

How much compensation could I get?

Medical negligence and medical malpractice cases vary enormously. You should be very wary of anyone promising a particular sum as a payout. Damages in the form of financial compensation will always depend on the particular circumstances of your case.

However, damages can be broken down into the following four categories:

  • Cost of treating the immediate physical or psychological injury
  • Ongoing medical costs, such as domestic care to recuperate from long-term injuries
  • Non-economic (pain and loss) damages for psychological or emotional distress
  • Loss of earnings or superannuation if the incident leaves you unable to work

 

In all cases, the negligence and the harm suffered need to be linked to the loss. So, for example, if you have been unable to work for an extended period, you need to be able to prove that it was because of the injury or worsening of your condition, which in turn was a result of negligence.

If you haven’t worked since the incident in question, but you can’t prove it was because of the harm you suffered, then this would affect the damages you could claim.

It is also worth noting that it may be possible to claim compensation if a close family member is harmed as a result of medical negligence. This could include the cost of caring for that person or your own nervous shock as a result of the incident.

Who pays compensation in Medical Malpractice Cases?

Medical professionals take our insurance to cover themselves against the risk of legal action. For example, if a doctor had a medical indemnity policy they could use it to pay their legal costs and any damages that occurred as a result of a medical malpractice claim.

It is therefore most likely that you would be claiming damages from an insurance company rather than a medical professional directly.

Insurance policies of this nature would either be held by the practitioner themselves or handled by the hospital or medical practice that employs them.

In 2002, the Australian government was forced to step in after a series of cases with large payouts led to a sharp rise in medical indemnity insurance premiums. There was concern that medical professionals in high-risk disciplines might be forced out of the profession.

As a result, premiums for some medical indemnity policies are now subsidised by the Australian taxpayer.

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

Medical Negligence Claims
Free Resources
Our guide to medical negligence claims

Download your guide to understand the steps you need to take to prove medical negligence, and what you should do first to improve your chance for success.

Our services

Explore the types of Medical Negligence claims that Gerard Malouf & partners help to manage.

Frequently Asked QuEstions

What You Need To Know About Medical Negligence Claims

Commonly asked questions concerning medical malpractice and medical negligence claims

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.

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. All of these constitute negligent care.

A statute of limitations restricts the time that a plaintiff can commence proceedings following medical negligence or malpractice. In most cases, this is limited to twelve years from the time of negligence or three years from the date on which the cause of action was discoverable by the plaintiff.

Medical negligence is often a complex area of law, and it’s necessary to prove the practitioner or health care provider’s actions went beyond an accident or mistake. In fact, you must show the treatment you received fell below reasonable professional standards.

There are a number of errors that can be considered instances of medical negligence, including a failure to:

  • Warn a patient of surgery dangers.
  • Correctly diagnose an injury or sickness.
  • Provide sufficient post-operative care.
  • Refer you to a specialist quickly enough.
  • Carry out medical procedures with adequate care and skill.

All professionals – including medical professionals – have a duty of care toward their customers. 

We manage Medical Negligence cases brought against all forms of medical worker when they show neglect in their duty of care, including doctors, nurses, dentists, hospitals, cosmetic surgeons, chiropractors and physiotherapists

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.

What Types of Medical Negligence Claims Do We Manage?

“Thank you so much for my claim, it has helped me, my Husband and Daughter through a very rough time and your services run smoothly and very professional. I was very impressed.”


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Our Promise To You

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 compensation 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.

Our TeaM

Meet the Medical Negligence Team

Meet some of the diverse and dynamic compensation lawyers that support our clients with their Medical Negligence claims.

Leslie Abboud
Consultant
Julie Baqleh
Partner
Keegan Behrens
Senior Associate

We're here to help maximise your compensation

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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Gerard Malouf & Partners
 — Personal Injury Compensation Lawyers

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