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Australia’s #1 plaintiff law firm
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Understanding birth injury claims
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.
At Maurice Blackburn Perth, we are a part of the largest team of Australia's leading medical negligence lawyers, exclusively dedicated to representing injured patients and their families. We understand the complexities of medical negligence cases and are here to help lessen the burden while we navigate the legal process with compassion and expertise.
Common medical negligence claims
Birth injuries can have devastating effects on both the child and the family. Our experienced lawyers handle cases involving cerebral palsy, Erb’s palsy, and other birth-related injuries, ensuring that you receive the compensation you deserve for the negligence that occurred during pregnancy or childbirth.
Accidents and emergencies require prompt and accurate medical attention. When errors occur, the consequences can be severe. We represent clients who have suffered due to negligence in emergency departments, ensuring their rights are protected.
General practitioners are often the first point of contact for patients. Misdiagnosis, delayed diagnosis, and failure to request specialist referrals can lead to significant harm. Our team handles cases that involve general practice to ensure accountability and justice.
Bariatric surgery is a complex procedure that requires skilled medical professionals. Errors during surgery or post-operative care can result in severe complications. We assist clients who have experienced negligence during bariatric procedures.
Negligence in gynaecological care can lead to serious health issues. Our lawyers are experienced in handling cases involving surgical errors, misdiagnosis, and improper treatment in gynaecology.
Orthopaedic and neurosurgical procedures require precision and expertise. When mistakes happen, the results can be life-altering. We represent clients in cases of surgical errors, misdiagnosis, and other forms of negligence in these specialties.
Radiologists play a critical role in diagnosing and monitoring various conditions. The misinterpretation of scans can lead to incorrect diagnosis or treatments. Our team helps clients affected by radiological negligence.
Psychiatric care is crucial for mental health, and negligence in this field can have profound impacts. We handle cases involving improper treatment, misdiagnosis, and failure to provide adequate care in psychiatric settings.
Radiologists play a critical role in diagnosing and monitoring various conditions. The misinterpretation of scans can lead to incorrect diagnosis or treatments. Our team helps clients affected by radiological negligence.
Medical negligence can occur in various other areas of medicine, including dental care, dermatology, and more. We are equipped to handle a wide range of medical negligence claims, ensuring our clients receive the justice they deserve.
Making a medical negligence claim in Western Australia
Your entitlements
Victims of medical negligence are entitled to various forms of compensation, including medical expenses, loss of income, pain and suffering, and rehabilitation costs. Our lawyers will help you understand your entitlements and fight for the maximum compensation possible.
How long will it take?
The duration of a medical negligence claim can vary based on the complexity of the case. We strive to take timely action while ensuring thorough and effective representation.
Fees
Maurice Blackburn operates on a 'No Win, No Fee' basis for medical negligence cases, meaning you won't pay any legal fees unless we win your case. We offer a free initial consultation to discuss your case and provide full transparency about potential costs.
Any Questions? Check out our FAQ.
Preparing for a medical negligence claim
Keep a record
Gather and keep a detailed record of medical treatment, medical records, test results and the names of the medical professionals involved. Important details such as date and time of any incidents or records will play a crucial role in building your case.
Contact our lawyers
Reach out to our experienced medical negligence lawyers in Perth to discuss your case. We will treat you with respect while guiding you through the process, providing the legal support you need to pursue your claim.
Claim process
1. We listen and assess your case confidentially
2. We build your case and keep you informed
We will gather evidence, consult with medical experts, and build a strong case on your behalf. Throughout the process, we keep you informed and involved in every step.
3. We negotiate to settle your claim early
Whenever possible, we aim to settle claims early through negotiations to ensure you receive timely compensation without the need for a lengthy court process.
4. If required, go to court
If a fair settlement cannot be reached, we are prepared to take your case to court. Our lawyers have extensive experience in litigation and will fight tirelessly to secure the best outcome for you.
5. Resolve your case
Our goal is to resolve your case efficiently and effectively, ensuring you receive the compensation you deserve for the negligence you have suffered.
Our lawyers will work with you through every step of the process
You’re in safe hands with Maurice Blackburn. We are renowned for our expertise in medical negligence law. 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.
Frequently Asked Questions about medical negligence claims
Medical negligence occurs when a healthcare professional fails to provide the expected standard of care, resulting in harm to the patient. This can include errors in diagnosis, treatment, aftercare, or health management.
While you have the right to represent yourself in a medical negligence claim, it is highly recommended to seek legal representation. Medical negligence cases are complex and require expert knowledge of both medical and legal issues. Our experienced lawyers can provide the expertise and support necessary to maximize your chances of a successful outcome.
The average payout for medical negligence cases in Australia can vary widely depending on the severity of the injury, the impact on the patient's life, and other factors. Compensation can range from tens of thousands to millions of dollars. Our lawyers will work to ensure you receive the maximum compensation possible based on your specific circumstances.
Many medical negligence cases are settled out of court through negotiations or mediation. However, if a fair settlement cannot be reached, the case may proceed to court. Our lawyers are experienced in both settlement negotiations and courtroom litigation, ensuring you are well-represented in either scenario.
In some cases, it is possible to file a claim for medical negligence even after many years, particularly if the injury or its impact was only discovered recently. This is known as the "date of knowledge" rule. Consulting with our legal team can help you understand your rights and options based on your specific circumstances.
No Win No Fee medical negligence lawyers in Perth
Our 'No Win, No Fee' policy ensures that you can seek justice without the burden of upfront legal costs. You only pay if we successfully secure compensation for you.
Client Stories and testimonials
Marina’s pregnancy was low risk. So, when she and her husband went to the hospital, they thought they’d be coming home with a baby – the third in their growing family.
But when the doctors couldn’t find a heartbeat, Marina’s world was turned upside-down. Marina and her family were now faced with the traumatic impact of a stillbirth.
After baby Henry was stillborn, Marina suspected that something had gone wrong in her medical care that had contributed to the family’s loss.
Feeling that her doctors had not listened to her concerns, she contacted Maurice Blackburn to speak with our specialist medical negligence team.
While investigating the care provided to Marina and baby Henry, our team discussed her matter with an independent obstetrician, who was critical of the care provided to Marina. They confirmed that Marina’s care had been sub-standard, and if not for errors made by her medical team, it is likely that baby Henry may have survived.
While Marina’s intuition was proven right, confirming this knowledge was incredibly distressing for her and her family. These errors can never be undone, but Marina can fight for recognition and compensation – and share Henry’s story.
Contact us
Free initial consultation
We offer a free, no-obligation initial consultation to help you understand your legal options and determine if you have a viable claim.
No Win, No Fee policy
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.
Office locations and contact information
Maurice Blackburn has offices conveniently located in Perth and across Australia.
You can reach us at 1800 111 222 or visit our offices page to find your nearest location.
Our lawyers will work with you through every step of the process
Take the first step towards justice and support. Our team of dedicated medical negligence lawyers in Perth 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 team
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Contact our expert medical negligence team
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Marie Eberlein
Senior Associate, State Leader Medical Negligence, Medical injury
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Perth, WA
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(08) 6220 4300
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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.