John’s journey: Overcoming adversity to secure a $500,000 Total Permanent Disability (TPD) claim
John’s Journey: Overcoming adversity to secure a $500k TPD Claim Jump to Result This image does not depict our actual client. John’s story In July
At GMP Law, we have extensive experience in class action lawsuits, amplifying the voices of individuals who have experienced similar harms or losses.
Gerard Malouf & Partners Manage Cases For Clients Across All Areas Of Personal Injury Law, Inheritance Disputes And Superannuation Disputes.
Gerard Malouf & Partners Have Provided Friendly, Experienced Legal Advice To Communities Across Australia For Over 35 Years. Our Personal Injury Lawyers Have Taken On Ten’s Of Thousands Of Cases And We Are Proud To Have Won Billions Of Dollars For Our Clients.
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In this matter, our client underwent bilateral knee replacement surgery and subsequently received rehabilitation at two private hospitals in the Sydney region.
During her stay at both hospitals, our client was receiving anti-clotting medication. At the same time, our client’s platelet count was declining at an alarming rate. The staff of both hospitals failed to adequately investigate these issues and take appropriate precautions. As a result of the failure to recognise this and make appropriate changes to her medication, our client suffered significant injuries including blood clotting in her brain and lungs.
Due to the negative impacts the client’s injuries and disabilities had on her day-to-day life, she decided to reach out to Gerard Malouf & Partners to enquire about a potential medical negligence claim. Medical negligence specialist Mr Ray Abbas handled her case and argued on her behalf that the hospitals in question were negligent in their failure to diagnose and treat her condition. It was decided that the best option for our client to reach a positive outcome would be to enter into settlement negotiations between the parties by way of a mediation.
At Gerard Malouf and Partners, we pride ourselves on assisting those who are mistreated, misdiagnosed and inadequately cared for by the health system. We are highly specialised and focussed medical negligence lawyers with our firm being small enough to care intimately for our clients, but large enough to have the solid, financial, medical and expert resources our clients need to match the big insurers we fight every day.
For free over the phone advice or to take advantage of our free face-to-face consultation call Gerard Malouf and Partners on 1800 004 878 and ask to speak with one of our experience medical negligence lawyers.
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.
John’s Journey: Overcoming adversity to secure a $500k TPD Claim Jump to Result This image does not depict our actual client. John’s story In July
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