Case Overview
- Our client, the Plaintiff, was given the wrong prescription glasses by her doctor.
- Because she was wearing the wrong glasses for a while, she experienced significant deterioration in her vision.
- Gerard Malouf Partners was able to settle the claim against the optometrist for just under $50,000.00.
As a result of the Plaintiff wearing the wrong prescription glasses for an extended period of time, she experienced significant deterioration in her vision for a closed period of time.
The Defendant denied liability on behalf of the optometry service provider and alleged that the Plaintiff was contributorily negligent. Additionally, the Plaintiff’s physical injuries and damages improved over time.
“This great result for our client serves as a testament to the hard work undertaken by Gerard Malouf & Partners in fighting for our client’s rights and exceeding our client’s expectations.“
Christine Beshay
Our Approach
The fact that the Defendant denied any wrongdoing and that the Plaintiff’s damages improved over time did not stop us from persevering with the Plaintiff’s claim and fighting for a fair and just outcome. We decided that rather than incurring further costs, we would work towards settling the matter via an informal settlement conference.
If you have an enquiry in relation to a potential medical negligence claim, speak to one of our expert solicitors at Gerard Malouf & Partners Compensation Lawyers on 1800 004 878 for a free, no-obligation consultation or complete our email enquiry form. If you have been harmed in any way by a medical professional, you should always seek advice from a lawyer about your rights.
The Result
Our team worked hard and were able to find a favorable outcome for the client. In the end, we settled a medical negligence claim against the popular optometrist for just under $50,000.00.
Frequently Asked Questions
More Information
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.
The process can be long, but the start can be found at an RCA (root cause analysis) which must be undertaken and can be discovered by obtaining copies of the medical notes at the institution where the unfortunate outcome occurred.
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