Medical Negligence Lawyers
No one deserves to suffer an injury they didn’t cause.
Overview
Medical negligence and malpractice claims
When a medical professional fails in their duty of care, it can lead to life-altering consequences. We understand the devastating impact illness, injury or loss has on a persons life, which is why we fight to get you the compensation you’re entitled to.
Our medical malpractice lawyers have managed thousands of complex medical negligence cases on a “no win, no fee” basis. If you would like to discuss your claim and understand your right to compensation, call us for an obligation-free consultation with one of our experienced lawyers.
Contact us for no-obligation legal advice about your claim.
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TYPES OF MEDICAL NEGLIGENCE
What are common examples of medical negligence?
Medical malpractice can occur in any setting where you are under treatment from a healthcare professional, commonly a doctor, surgeon, or nurse who fails in their duty of care.
If you have suffered an injury or the worsening of an existing condition, as a result of medical negligence, you may be entitled to compensation. Some common situations of professional negligence by a health professional include:
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Misdiagnosis or Delayed Diagnosis:
When a healthcare provider fails to correctly diagnose a medical condition or takes an unreasonably long time to make an accurate diagnosis which results in terminal health outcomes. -
Surgical Errors:
Where a surgeon makes a mistake during surgery which causes serious ongoing health complications. This can include damage to caused organs, leaving surgical instruments inside the patient, or performing unnecessary surgery.
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Birth Injuries:
Injuries to infants or mothers during childbirth due to medical negligence, such as mishandling of forceps, failing to perform a timely C-section, or not addressing complications during delivery. -
Medication or Anaesthesia Errors:
Administering incorrect amounts of anaesthesia or neglecting to monitor a patient's vital signs during a procedure can lead to severe complications or even fatalities. Medication errors may include prescribing the incorrect medication, wrong dosage, or overlooking a patient's allergies or drug interactions, resulting in significant adverse reactions or harm to the patient.
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Failure to Refer to Specialists:
When a primary care physician or specialist fails to refer a patient to a specialist when it is medically necessary, it can result in missed or delayed diagnosis and medical treatment. -
Nursing Home Neglect or Abuse:
In long-term care facilities, neglect or abuse of residents by staff members can result in physical, emotional, or psychological harm.
A medical negligence lawyer can help to determine if your experience and resulting health issue rise to the level of a medical negligence claim.
Our medical negligence services
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Our Process
How we manage medical malpractice claims
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.
If you are eligible for a claim, we will work with medical experts to build your case and prepare an accurate chronology of the event that led to the injury or worsening of your condition.
We manage your case until either mediation is agreed upon between the two parties or it progresses to court proceedings.
OUR CASE SUMMARIES
Maximum compensation, proven
Our guarantee
No Win, No Fee Medical Negligence Lawyers
Not all ‘No Win No Fee’ legal firms are the same. Here at GMP Law, we cover 100% of all upfront costs.
Our no win, no fee guarantee
Our medical negligence lawyers work on a no win, no fee basis. This policy means that we take on 100% of all upfront costs for you and if we don’t win, we won’t charge you anything for our work.
This approach also signifies that if — in the rare instance — we do not win your case, you will not be required to pay a contingency fee for our work together.
This means that you can focus more on healing, without the additional worry of legal costs by seeking the compensation you rightfully deserve.
Upon winning your case, we do not charge a percentage of the settlement — as may be commonly expected. Rather, we charge based on our time.
We are dedicated to serving Australia with the utmost commitment to our clients’ success and satisfaction, as evidenced by our 98% success rate and $4 billion in settlements delivered. In the unlikely event that one of our clients is unhappy with our services, we are prepared to lower our fee arrangement. However, we trust that you will be pleased with our services and the outcome of your claim alike.
Real people, real results
Frequently Asked Questions
More information about medical negligence claims
Commonly asked questions about medical malpractice compensation.
Am I eligible to make a medical negligence claim?
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:
- Cost of treating the immediate physical or psychological injury
- Ongoing medical expenses, such as domestic care to recuperate from long-term injuries
- Non-economic (pain and loss) damages for psychological or emotional distress
- Loss of earnings or superannuation if the incident leaves you unable to work
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.
What is the time limit for filing a medical negligence claim?
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.
How do you prove medical negligence?
In order to prove medical negligence and make a successful medical negligence compensation claim, we must be able to demonstrate:
- You received medical treatment from a healthcare provider and they failed in their duty to provide you with reasonable care.
- You have suffered physical or psychological injury, harm or loss as a result.
Our professional negligence lawyers will help you in gathering medical records and other evidence to establish that you received negligent medical treatment and build a successful case.
How long do cases take to resolve?
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.
Who pays compensation in medical malpractice cases?
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.
What payout can I expect for my medical negligence claim?
Your medical negligence payout entitlements will vary based on your level of injury or impairment.
Here are three examples of medical negligence payouts we have settled for our clients.
Free Resources
Our guide to medical negligence claims
Our TeaM
Meet the medical negligence lawyers
Meet some of the diverse and dynamic compensation lawyers that support our clients with their medical negligence claims.
OUR PROMISE TO YOU
Our difficult case policy
At Gerard Malouf & Partners, it’s our professional obligation to strive for maximum justice and achievable compensation.
Our difficult case policy ensures that our senior and most experienced medical negligence lawyer oversees notably challenging cases. This makes sure that we achieve the best results for our clients making a personal injury claim for compensation.
We maintain integrity by not accepting a case if we believe it is unlikely to result in compensation, or if the costs to our client outweigh the benefits.
This is our core philosophy and what differentiates us from other law firms.
We're here to help maximise your compensation
Book your free, confidential consultation with one of our medical negligence lawyers using the form below, or simply call us 1800 004 878 for legal advice.
