Medical negligence lawyers Melbourne

Q: How do you prove medical negligence occurred?

To prove medical negligence, we must establish: The standard of care : What a competent medical professional would have done in similar circumstances Breach of duty : How the healthcare provider failed to meet this standard Causation : That this breach directly caused your injuries Damages : The extent of harm you’ve suffered as a result. Our experienced Melbourne medical negligence lawyers work with experts to build a compelling case on your behalf.

Medical negligence and malpractice claims: Your rights, our fight

When you entrust your health to medical professionals, you expect to receive care that meets the highest standard. Unfortunately, medical errors can and do occur, often with devastating consequences.

If you or a loved one has suffered due to medical negligence in Melbourne, GMP Law is here to help. Our experienced team of medical negligence lawyers understands the physical, emotional, and financial toll these incidents can take on individuals and families.

We’re committed to fighting for your rights and securing the compensation you deserve.

Why Choose Gerard Malouf & Partners

Years Experience

98 %

Success Rate

$ 4 bn

In Claims Won

Understanding medical negligence claims

Medical negligence, also known as medical malpractice, occurs when a healthcare professional fails to provide a standard of care that meets acceptable medical practice, harming the patient. This can include:

Misdiagnosis or delayed diagnosis
Surgical errors
Medication mistakes
Birth injuries
Anaesthesia errors
Failure to obtain informed consent
Inadequate follow-up care.

At GMP Law, we recognise that each case is unique. Our Melbourne medical negligence lawyers have the expertise to navigate the complexities of these claims, ensuring your voice is heard and your rights are protected.

We're here to help.

What is the process for filing a medical negligence claim in VIC?

Each state differs in how it handles medical negligence claims. Specific procedures and timelines vary depending on the circumstances of each case and the court in which it is filed.

Once your lawyer has established your eligibility to make a claim, the process involves obtaining medical records and evidence to support your case. Expert opinion from a third party medical professional will be sought.

Once your lawyer has gathered enough evidence, we will send a letter of demand to the healthcare provider or institution involved, outlining the allegations of negligence and the damages claimed.

The case will then proceed to mediation, an attempt to settle the matter out of court through negotiation. Our lawyers will represent your interests during these proceedings to ensure that you reserve the maximum compensation you deserve.

The compensation claim process: Your journey with GMP Law

We understand that the legal process can feel overwhelming, especially when you’re dealing with pain and recovery. At GMP Law, we’re here to guide you every step of the way:

Initial consultation

We’ll listen to your story, assess your case, explain your rights, and discuss potential compensation – all at no cost to you.

Evidence gathering

Our team will meticulously collect medical records, witness statements, and expert opinions to build a strong case.

Claim submission

We’ll handle all the paperwork and file your claim with the relevant insurance company or court.

Negotiation

We’ll handle all the paperwork and file your claim with the relevant insurance company or court.

Court representation

If necessary, we’ll represent you in court, fighting tirelessly to ensure you receive the compensation you deserve.

Ongoing support

We’re here to address any questions or concerns that arise along the way.

Our medical negligence services

Explore our areas of expertise

Eligibility for medical negligence compensation

You may be eligible for compensation if you’ve experienced harm due to medical negligence. Examples of situations that might qualify include:

A doctor failing to diagnose a serious condition, leading to delayed treatment and worsened prognosis
A surgeon operating on the wrong body part or leaving surgical instruments inside the patient
A pharmacist providing incorrect medication or dosage instructions
A nurse administering the wrong medication or improper dosage
A dentist causing unnecessary damage during a routine procedure.

To be eligible, you must typically demonstrate:

A duty of care existed between you and the healthcare provider
This duty was breached through negligent action or inaction
You suffered harm as a direct result of this breach
The harm resulted in damages (financial, physical, or emotional).

Even if you’re uncertain, we encourage you to reach out. Our free initial consultation means you have nothing to lose by exploring your options.

Factors affecting compensation

Many factors can influence the amount of compensation you may receive in a medical negligence claim:

Severity of injuries: More severe injuries typically result in higher compensation
Long-term impact: Ongoing medical needs and lifestyle changes are considered
Loss of income: Both current and future earning capacity are taken into account
Pain and suffering: Non-economic damages may be awarded for physical and emotional distress
Age of the victim: Younger victims may receive higher compensation due to longer-term impacts.

At GMP Law, we’re committed to helping you understand your rights and options. We’ll work tirelessly to ensure you receive the maximum compensation you’re entitled to under the law.

No Win No Fee

Fee transparency that you can trust

At GMP Law, we’re committed to ensuring you have nothing to lose.
If we don’t win your case, you won’t pay a cent for our services. This means you can focus on healing without worrying about legal costs.

How it works

No upfront costs

No contingency fee

We’ll only charge you if we win.

We maintain integrity by carefully evaluating each case. If we believe it’s unlikely to result in compensation or if the costs outweigh the benefits, we won’t take it on.

This commitment to our client’s best interests, as well as fee transparency, sets us apart from other law firms.

With a 98% success rate and over $4 billion in settlements, we’re dedicated to delivering exceptional results for our clients.

Frequently asked questions about medical negligence claims in VIC

How do you prove medical negligence occurred?

To prove medical negligence, we must establish:

The standard of care: What a competent medical professional would have done in similar circumstances
Breach of duty: How the healthcare provider failed to meet this standard
Causation: That this breach directly caused your injuries
Damages: The extent of harm you’ve suffered as a result.

Our experienced Melbourne medical negligence lawyers work with experts to build a compelling case on your behalf.

What is the time limit to make a claim?

It’s important to act promptly if you believe you’ve been a victim of medical negligence. According to the Limitation of Actions Act 1958, you typically have three years from the date you become aware of the damages you suffered to file a claim. However, there can be exceptions to this rule, so it’s best to consult with our Melbourne medical negligence lawyers as soon as possible to ensure your rights are protected.

How long does a medical negligence case typically take?

The duration can vary significantly depending on the complexity of the case and whether it settles out of court or goes to trial. Some cases resolve within 12 months, while others may take years. We strive to resolve your case as quickly as possible while ensuring you receive maximum compensation.

What if I’m unsure whether I have a valid claim?

It’s best to consult with our experienced lawyers.

GMP Law offers free initial consultations to help individuals determine if they have a viable case. Our experienced lawyers can guide you through the complex process of evaluating your situation.

Can I claim for psychological harm resulting from medical negligence?

Yes, psychological harm can be included in your claim if it’s a direct result of medical negligence. This may include conditions such as depression or post-traumatic stress disorder (PTSD).

Justice for victims of medical negligence in Melbourne

At GMP Law, we’ve successfully represented clients from various walks of life in Sydney, securing substantial compensation for injuries sustained through medical negligence.

Negligence claim against oral and maxillofacial surgeon settles for $250,000

Background

Our client visited an oral maxillofacial surgeon to have four wisdom teeth removed. During the procedure, the surgeon inadvertently fractured the client’s left mandibular angle.

The challenge

The client suffered significant ongoing injuries and disabilities, including bilateral sore jaw muscles, reduced sensation in the lower lip and gums, difficulty speaking clearly, and trouble eating and sleeping.

GMP Law’s approach

Recognised the serious nature of the ongoing injuries and disabilities
Briefed an expert oral maxillofacial surgeon in Melbourne for a professional opinion
Commenced formal legal proceedings in the County Court of Victoria
Demonstrated two bases for breach of duty of care:

Initial fracture during wisdom tooth removal
Inadequate internal fixation procedure.

We successfully settled the medical negligence claim against the Victorian facial and oral surgeon for $250,000, providing out client with compensation for their pain, suffering, and ongoing medical needs.

What makes us the best medical negligence lawyers in Melbourne?

GMP Law’s expert personal injury lawyers can manage complex medical negligence claims based on years of experience and specialisation. We will fight to win you the maximum compensation that you deserve, in the minimum time possible.

We start with a free no-obligation consultation, giving you one-on-one legal advice and evaluation of your case. Once we have established you have a claim, we will help you to collect medical records and supporting evidence.

Next, we will draft a brief to send to a medical expert who will look over the details of your case and full medical history. This is to determine what led to the injury or damage to your condition and what could have been avoided.

Once all of the information and data are compiled, we will meet again to compare information, build your case and then start proceedings. The next step will either be through mediation or will progress to court proceedings.

The result of a successful claim can help cover your medical expenses and any pain and suffering that accompanied the injury.

Conveniently located

When you contact us for a free consultation, you have the option to book a meeting with one of our lawyers at our convenient Melbourne office. In our initial consultation, we will learn about your situation and consider your eligibility to file for a medical negligence claim at no-obligation.

Schedule a consultation with one of our medical negligence lawyers in Melbourne, today.

Real cases, real results

Meet the Melbourne-based medical negligence team

Meet some of the diverse and dynamic compensation lawyers who support our clients with their medical negligence or malpractice claims.

Susan Newman

Senior Associate

NSW-accredited medical negligence expert, Susan Newman, has more than 20 years of experience in personal injury law. Her prior career as a registered nurse provides invaluable insight, enabling her to deeply empathise with her clients and relentlessly pursue justice for those harmed by medical errors.

Julie Baqleh

Partner

Julie Baqleh is a skilled personal injury lawyer with 22+ years’ experience. She’s a problem solver who gets results for clients facing complex legal challenges. She specialises in Medical Negligence and Institutional Abuse law.

We're here to help maximise your compensation

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