Claims for medical negligence can be a complex and emotionally draining process, as the circumstances surrounding the issue can be very serious and unpleasant, such as an error in a surgical procedure, a medical misdiagnosis or even or birth injury.

It can be challenging chasing up documentation, dealing with a sensitive and difficult situation, and finding the right support needed to make a successful claim.

Our skilled legal team of medical negligence lawyers Melbourne specialises in handling these particular types of claims.

We have a comprehensive knowledge of the law in Melbourne’s judicial system.

We can offer guidance through the claims process, gather documentation, and will support you through each step of the process with caring support, so you can gain the rightful compensation you deserve.

What is Medical Negligence?

Medical negligence is defined in Melbourne and thorough Victoria, when a healthcare provider fails to offer a reasonable standard of care, causing harm or injury to a patient.

The Wrongs Act of 1958 and common law precedents regulate the legal foundation for medical negligence.

In Victoria a claimant must demonstrate four essential components in order to prove medical negligence :

• Duty of care : The healthcare provider, owed duty of care to the patient.
• A Breach of duty : The practitioner did not adhere to the recognised medical standards of care.
• Causation : The patient’s suffering or injury was directly brought on by the breach.
• Damages : The patient suffered harm or loss as a result of medical negligence.

Examples of Medical Negligence Payouts

Medical negligence can happen in a number of healthcare environments, clinics or private practices often leading to very serious consequences for a patient.

At Maxiom we’ve helped our clients successfully gain the compensation they deserve by navigating intricate documentation, specialised areas of governmental law and solutions for justice, with our team of highly trained medical negligence lawyers.

This has helped our clients gain financial stability in their life, obtain the funding they need for proper medical treatment and recovery.

See the following case study below :

– Birth Injury Claim

We obtained a sizable payment of $400,00 for a young mother who experienced birth trauma as the result of medical malpractice.

By addressing the severe repercussions and consequences associated with future pregnancies. The successful outcome provided needed relief and respite required.

See the full article and resource on : Birth Injury Claims

Birth injury claims can cover a number of injuries including :

• Injury to the brachial plexus
• Cerebral palsy
• Hypoxic-ischemic encephalopathy (HIE)
• Birth related fractures
• Cephalohematoma

Is There an Average Payout for Medical Negligence in Australia?

Compensation for medical negligence in Victoria can range from $50,000 to hundreds of thousands. However depending on the specific case type and details of the circumstances, there is no set average settlement amount.

The precise amount is determined by a number of variables, such as the extent of the harm, any long term effects on your life, and the strength of your evidence presented.

In Victoria the following compensation can be awarded in medical negligence cases including :

• Pay for continuing care and medical bills
• Make up for lost income and future earnings
• Provide funding for pain and suffering and reduction in life satisfaction
• Can address required home modifications or speciality medical equipment

How Much Compensation Should I Get?

A number of circumstances unique to your case may determine how much compensation you are actually eligible for, such as :

• The extent of damage and the severity of the injury sustained
• Impact on your quality of life and standard of living
• Medical costs, including past and future earnings
• Requirements for continuous support or care
• Suffering and pain endured

Compensation for medical malpractice in Victoria may consist of :

• Special damages : This covers particular medical expenses and loss of wages.
• General damages :  For non-monetary losses such as pain and suffering.
• Exemplary damages : If the healthcare provider’s actions were egregious, you can be granted exemplary damages in exceptional cases, this is quite rare.

Here is an overview of compensation ranges :

This is an overview and range of compensation ranges only and can change from case to case.

For more precise details and what you may be entitled to, you can contact our friendly and professional team at Maxiom Injury Lawyers.

What Percentage of Medical Negligence Claims go to Court?

Most medical negligence cases in Melbourne and across Australia are resolved out of court. Only between 5%-10% of medical negligence claims nationwide typically go to a full court trial.

In order to settle disputes without a full trial, the Victorian legal system promotes the use of alternative dispute resolution techniques including mediation.

For all parties involved, this method frequently results in quicker outcomes.

Our medical negligence lawyers are prepared to represent your interests in court if necessary and will always provide guidance, and keep you updated on any relevant information regarding your case.

The Steps you should take for a Medical Negligence Claim 

If you believe you’ve been a victim of medical malpractice in Melbourne, take the following actions :

1. Seek medical attention :

Your safety and well being should always come first and be your primary concern.

2. Keep all your records and documentation :

Maintain thorough records of your symptoms, copies of any medical treatments and communication with healthcare professionals.

3. Obtain your medical records :

You have the right to access any medical records under the Health Records Act 2001 (Vic), granting you the right to view your history.

4. Consult our medical negligence lawyers at Maxiom :

Seek legal advice as soon as you can, our lawyers can provide you with legal counsel, so you can learn about your rights and options.

5. Lodge a complaint :

You may wish to file a complaint with the Australian Health Practitioner Regulation Agency (AHPRA) or health care provider.

This health organisation governs medical and health practices in Australia, you can talk to our team if you need guidance lodging a complaint, or our team can work on your behalf.

Or find out more about raising a complaint  about a health practitioner at AHPRA’s website.

• Consider alternative dispute resolution – Before going to court, mediation or conciliation might be the more appropriate method before proceeding to court.

6. Prepare for legal action :

Our lawyers will assist you in preparing and submitting a claim within statutory time limits.

Are there Specific Time Frames for Medical Negligence in Australia Melbourne?

Yes, there are set deadlines for medical negligence claims in Melbourne :

• The general time limit is 3 years :  From the date of the injury discovered (or reasonably should have been discovered) to make a claim.
• Long stop limit : Regardless of discovery, there is an absolute limit of 12 years from the date of the negligent act.
• Minors : The 3 year period begins on the claimant’s 18th birthday, if they were a child.
• Disabled & Impairments :  The time limit may be extended if the claimant has a disability or an impairment.

In extreme cases extension may be given, however it’s best to seek legal counsel from our team if you have any queries on timeframes, as it is important to file your claim as soon as possible and in a timely fashion, so you have the best chances of a successful claim.

Maxiom Injury Compensation Lawyers & Medical Negligence

Our highly skilled legal team is committed to helping you achieve the best chance of a successful personal injury claim, to recompense your losses and to help you recover during difficult and emotional circumstances.

We’ll provide :

• A free initial consultation to evaluate your case
• In depth knowledge and Victorian medical negligence laws
• Dedication and commitment to your case
• Clear communication and handling of legal documentation & any legal proceedings
• No win, no fee basis
• Compassionate support during a challenging time

To discuss your case and begin the process, get in touch with our team of personal injury lawyers at Maxiom Injury Lawyers, and take the first step towards gaining the compensation you deserve.