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Medical negligence, also known as medical malpractice, occurs when a healthcare professional fails to provide the standard of care that is expected, resulting in harm to the patient. This can include errors in diagnosis, treatment, aftercare, or health management.
Failing to diagnose a condition accurately or in a timely manner can lead to improper treatment and worsening of the condition.
Mistakes during surgery, such as operating on the wrong body part, leaving surgical instruments inside the body, or causing unnecessary damage to organs.
Prescribing the wrong medication, incorrect dosage, or failing to recognise drug interactions.
Negligence during childbirth that results in injury to the mother or baby, such as cerebral palsy or Erb’s palsy.
Ignoring symptoms, failing to conduct appropriate tests, or not providing adequate treatment.
The first step in filing a medical negligence claim is to schedule a free initial consultation with our team. During this meeting, we will discuss the details of your case, evaluate the evidence, and determine the best course of action.
Collecting robust evidence is crucial in building a medical negligence case. This includes obtaining medical records, expert opinions, and any other documentation that supports your claim. Our team will guide you through this process to ensure that no vital information is overlooked.
Once we have gathered all necessary evidence, our lawyers will represent you throughout the legal proceedings. We will handle all communications with the healthcare providers, insurance companies, and court officials, allowing you to focus on your recovery.
Any Questions? Check out our FAQ.
At Maurice Blackburn, we have the largest team of leading medical negligence lawyers in Australia with extensive experience in handling complex medical malpractice cases. Our experienced lawyers provide compassionate and effective representation, ensuring our clients receive the justice they deserve. We operate on a 'No Win, No Fee' basis and offer free initial consultations.
In Victoria, the statute of limitations for filing a medical negligence claim is generally three years from the date that you knew or ought to have known that:
However, there can be exceptions, especially for minors or cases involving latent injuries, so it's crucial to seek legal advice as soon as possible to understand your specific time limits.
At Maurice Blackburn, we operate on a 'No Win, No Fee' basis for medical negligence cases. This means you will not have to pay any legal fees unless we win your case. We also offer a free initial consultation to discuss your case and potential costs involved. Additionally, we provide full transparency regarding any other potential costs, such as medical reports and court fees, so you are fully informed from the outset.
The duration of a medical negligence case can vary significantly depending on the complexity of the case, the willingness of the parties to settle, and the court's schedule. On average, cases can take anywhere from several months to a few years to resolve. We take action and keep you informed during the process as much as possible while ensuring thorough preparation and representation.
Not all medical negligence cases go to court. Many are settled out of court through negotiations or mediation. However, if a fair settlement cannot be reached, your case may proceed to trial. Maurice Blackburn will represent you throughout the process, providing robust legal support whether in negotiations or in court.
In some cases, it is possible to file a claim even if the negligence occurred years ago, especially if the injury or its impact was only discovered recently. Consulting with our legal team can help you understand your rights and options based on your specific circumstances.
We have successfully represented numerous clients in medical negligence claims, securing substantial compensation for their injuries and suffering. Our case history includes high-profile settlements and landmark court victories that have set precedents in medical law.
Lauren was a 37-year-old mother of two when she noticed a lump while breast-feeding her three-month-old daughter. Concerned it could be a sign of breast cancer, Lauren went straight to see her doctor. But was told after having an ultrasound that it was just a blocked milk duct.
The lump got bigger and started going red so she went back to see the doctor four months later for it to be checked again. More tests were carried out and Lauren learned that she had two cancerous lumps in her breast and one in her lymph node. Routine scans revealed the worst: it had also spread to her bones.
Sadly, Lauren passed away.
But not before raising much needed community awareness about this terrible cancer and the importance of seeking medical attention immediately if a lump is detected in your breast, no matter how small. She also encouraged those who found themselves in this situation to demand a biopsy be done at the earliest opportunity to determine whether it was serious.
We offer a free, no-obligation initial consultation to help you understand your legal options and determine if you have a viable claim.
Our 'No Win, No Fee' policy ensures that you can pursue justice without worrying about upfront legal costs. You only pay if we successfully secure compensation for you.
Maurice Blackburn has offices conveniently located across Melbourne:
You can reach us at 1800 111 222 or visit our offices page to find the nearest office location.
Take the first step towards justice and support. Our team of dedicated medical negligence lawyers in Melbourne are here to listen to your story and provide expert legal assistance and support.
Contact us today for a confidential, no-obligation consultation.
Need to speak to us sooner? Call us on 1800 111 222
Australia’s #1 plaintiff law firm
No Win, No Fee
Home or hospital consults
Contact our expert medical negligence teamWe have experts all over Australia ready to help you with your medical negligence claim.
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Senior Associate, Medical injury
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We offer a No Win, No Fee process.
Use our free online claim check tool and find out in minutes if you have a claim.
Our Canberra office is now closed, but our team continues to serve ACT clients and are available for phone and video appointments. If you need legal advice, please call us on 1800 675 346.
We have lawyers who specialise in a range of legal claims who travel to Tasmania. If you need a lawyer in Hobart, Launceston or elsewhere in Tasmania, please call us on 1800 675 346.
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