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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During the course of our client’s labour, hospital staff failed to label a syringe as containing Syntoicin and inadvertently administered same into our client’s epidural catheter instead of local anaesthetic. Following this, our client had to hear beside discussions about the error that had been made, causing her further distress. Although our client did not develop any long-term physical injuries, she did sustain a recognised psychiatric injury as a result of the subject-incident.
Solicitor Susan Newman took on this case and argued on behalf of her client that the hospital was medically negligent for the drug administration error and that such a mistake had resulted in a psychiatric injury to her client.
We obtained expert opinion in support of a failure by the attending specialist to undertake standard checks in relation to the administration of Syntocin. On the basis of this expert evidence, we were able to commence proceedings against the major teaching hospital. While some resistance to the claim were initially pressed, ultimately the defendant admitted it’s breach of duty of care.
Following the defendant’s admission, we were then able 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.
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 experienced 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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