Medical malpractice occurs when negligence on behalf of a medical professional results in harm to a patient. That could be an injury or the worsening of an existing condition.
At Gerard Malouf & Partners, our medical negligence lawyers have managed thousands of medical negligence cases on a “no win, no fee” basis. If you would like to discuss your claim, understand next steps and your right to compensation, call us for an initial, no obligation consultation with one of our lawyers.
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That translates to billions of dollars for our clients.
Medical negligence occurs when a doctor, surgeon, nurse or other healthcare professional fails in their duty of reasonable care to their patients. When treatment of an injury 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.
A medical negligence lawyer helps you earn compensation for a huge range of conditions, treatments and areas of practice. Some common situations of professional negligence by a health professional include:
A medical negligence lawyer can help to determine if your experience and resulting health issue rise to the level of a medical negligence claim.
If you have been injured or an existing condition has worsened following a visit to the doctor, you may have been the victim of medical negligence. It can be tricky to know if you’re 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.
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, you wouldn’t have grounds for legal action. The same would be true if your injury or your condition got worse, but it was not as a result of negligent medical care.
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, our medical negligence lawyers offer free consultations to help assess your potential claim.
The length of time required to resolve a medical negligence claim 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 could take between 12 and 24 months to reach resolution.
However, cases that are resolved through mediation tend to be a lot quicker. The opposite is true of a medical negligence case that goes to the Supreme Court, where the likely time frame from your first meeting with us to reaching a conclusion extends to 36 months.
Usually, a medical negligence claim needs to be filed within three years of an incident taking place.
There are exceptions and this is an area where a medical negligence lawyer 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 regardless of timeframes.
Medical negligence lawyers help manage the incredibly complex nature of a medical malpractice claim. To successfully bring a claim and win compensation, you need expert legal advice and the support of an experienced team of specialist medical negligence lawyers.
First, we meet with you to discuss your situation with one of our medical negligence lawyers to understand whether you are eligible to make a claim, 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 at this point to support your case. This is to prepare an accurate chronology of the event that led to the injury or worsening of your condition.
We consult with you again to fill in any gaps within this chronology and revisit your original statement. Then we combine all the details with the medical expert’s information on your injury to start proceedings.
Finally, we manage your case until either mediation is agreed upon between the two parties or it progresses to court proceedings.
Medical malpractice of a medical negligence claim varies. You should be very wary of anyone promising a particular sum for your injury 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:
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 medical 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 as well.
It is also worth noting, that it may be possible to claim compensation if a close family member is harmed as a result of negligent treatment This could include the cost of caring for that person or your own nervous shock as a result of the incident.
Medical professionals take 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 claim damages from an insurance company rather than seek compensation from 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.
Contact us for no-obligation legal advice about your claim.
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.
Explore the types of Medical Negligence claims that Gerard Malouf & partners help to manage.
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.
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