Medical professionals have a duty of care to their patients.
If you’ve been injured because they breached that duty, you could be entitled to financial compensation.
More than a thousand Victorians have pursued justice for medical negligence with a medical negligence lawyer in Melbourne. Here’s why.
If your case has a strong chance of winning, we may offer you the option of no-win no-fee payment.
We still bill our normal hourly rate – but you only pay if we get you a successful outcome.
Most no win no fee medical negligence lawyers passively represent clients, viewing them as cases, not people.
Instead, we actively advocate for the outcome you deserve, grounding our approach in our understanding of your individual needs.
With medical lawyers in Melbourne fluent in Arabic, Bosnian, Cantonese, Croatian, English, Greek, Serbian, Sinhalese and Spanish, we’re a law firm for all Victorians.
Dealing with illness is an already challenging time, and navigating your rights concerning the standard of medical care can add further confusion. If you have suffered from negligent treatment, malpractice, or have been injured while under the care of a healthcare professional, you may be eligible to pursue a medical negligence claim for compensation.
At Pentana Stanton Lawyers, our team of specialist medical negligence lawyer in Melbourne is dedicated to helping you understand your legal options and achieving the best possible outcome for your case. With a proven track record of successfully representing numerous patients and their families in complex and sensitive malpractice cases, our lawyers are well-equipped to guide you through the process and ensure you receive the compensation you deserve.
When you seek medical care, healthcare providers owe you a “duty of care” to exercise reasonable skill, judgment, and care in examining, diagnosing, treating, and advising you. If they breach this duty, it may be considered medical negligence or malpractice.
If you suffer harm while under their care, you have the right to pursue a medical negligence claim, holding them accountable for their actions. A skilled medical negligence lawyer can assist you in understanding your options and help you secure the compensation you are entitled to.
If you have experienced negligent medical treatment, such as misdiagnosis, medication errors, or surgical mistakes, you may be eligible to make a claim for medical negligence compensation.
Our team can provide you with detailed information regarding the process of making a medical malpractice claim, ensuring you understand your rights and legal options.
Medical negligence, also known as medical malpractice, occurs when a healthcare provider fails to uphold their duty of care to a patient, resulting in harm or injury. Common types of medical negligence include:
To make a successful medical negligence claim, you need to be able to prove that there was negligent medical treatment and that the treatment caused an injury or harm that would not have otherwise occurred. Common examples of medical negligence claims include worsening an existing condition, misdiagnosis or failure to diagnose a condition, failure to provide appropriate treatment or referral, delayed diagnosis or treatment, failure to perform surgery or provide post-operative care with reasonable care and skill, and incorrectly reporting test results.
Medical negligence claims can cover various areas, including obstetrics, paediatrics, gynaecology, emergency medicine, surgery, orthopaedics, misdiagnosis of medical conditions, delayed diagnosis of medical conditions (such as after a Pap smear or breast screening), drug-related issues, and cosmetic surgery.
In the context of a medical negligence claim, a medical provider can refer to any individual or institution providing medical care, including hospitals, doctors, surgeons, nurses, midwives, paramedics, medical assistants, lab personnel, radiologists, dentists, pharmacists, cosmetologists, and other allied health professionals.
It’s important to note that time limits for medical malpractice claims vary under different state and federal laws. In most cases, legal action must be taken within three years of the injury. However, time limits can vary for claims involving children, and extensions of time limits may also be possible.
If you believe you have been a victim of medical negligence, our experienced medical negligence lawyers are here to help. We understand the complexities of these cases and are dedicated to fighting for your rights and obtaining the compensation you deserve. Contact us today to schedule a consultation and let us guide you through the process of seeking justice for medical negligence
Book a free 30-minute consultation – and find out whether your claim is eligible for our no-win no-fee policy.
The claims process begins with your lawyer gathering as much evidence as possible about your matter.
Evidence often includes communications with your medical provider, reports from medical experts to establish standard of care, and proof of your injuries.
Your lawyer lodges a statement of claim on your behalf.
In Victoria, medical negligence claims are normally heard in the Common Law Division of the County Court of Victoria.
Normally, parties meet after a claim has been lodged to try to settle the dispute out of court.
Settling your claim through negotiation can be faster and less costly than going to trial.
If the other side is unwilling to compromise during negotiations, your lawyer will advocate for your interests in a judge or jury trial.
Get help obtaining compensation from no-win no-fee solicitors based in Melbourne CBD and Dandenong.
Jesse LaGreca
Partner | Principal Solicitor
Jesse is a highly experienced commercial solicitor admitted at both the Supreme Court of Victoria and the High Court of Australia.
His experience in the commercial aspects of personal injury law has helped him successfully negotiate and win numerous claims on behalf of his clients.
A significant injury is an injury that an approved medical practitioner or panel of medical experts has found to meet the ‘threshold level’ defined in s 28LB of the Wrongs Act 1958 (Vic). ‘Threshold level’ means:
In some situations, a medical panel comprised of experts can also determine a different threshold level to the three levels defined above.
A significant injury can also be the loss of a foetus, the loss of a breast, or a mental health issue stemming from the loss of a child due to an injury to the child or mother before, during or after birth.
Generally, you must prove you have a significant injury to receive general (non-economic) damages.
If you or a loved one are legally competent, you must commence proceedings within three years of becoming aware of your injury or loss. In certain circumstances – for example, if the claim applicant has a disability or is under 18 years – the Court may allow claims to be lodged at a later date.
In no circumstances, though, can a claim be lodged more than 12 years after the injury or loss occurred.
Medical negligence payouts can regularly run into millions of dollars. For example, in Gill v Ethicon Sarl (No 5) [2019] FCA 1905, a Federal Court class action against a medical device manufacturer that included claims of negligence, all three claimants were awarded a total of $300 million.
Although that figure includes many different costs awards, one claimant, Mrs Dawson, was awarded $225,000 for non-economic loss. Other awards covered everything from future loss of earnings to future care and assistance.
© 2021 Pentana Stanton | Design by Juno Creative
