Medical Negligence Claims
If you have been injured or harmed by a medical professional, hospital or facility in New South Wales, you may be entitled to make a medical negligence claim in NSW. Medical negligence, also known as medical malpractice, is a type of personal injury claim that arises when a health care provider fails to meet the expected standard of care and causes harm to a patient.
Medical Malpractice claims can be complex and challenging, but the Personal Injury Lawyers at Grieve Watson Kelly Lawyers are here to help you. We are a team of experienced lawyers who specialise in medical negligence claims. You can arrange an in-person conference at our offices either in Sydney CBD or the Norwest Business Park to discuss your claim. Our Accredited Specialist Personal Injury Lawyers have appeared in some of the leading Medical Negligence cases of the past two decades in NSW. Some cases our Lawyers have appeared in are:
Hunter and New England Local Health District v McKenna [2014] HCA 44
Sparks v Hobson; Gray v Hobson [2018] NSWCA 29
Types of Medical Negligences Claims:
We can help you with all types of medical negligence claims, such as:
- Misdiagnosis or delayed diagnosis
- Surgical errors
- Medication errors
- Birth injuries
- Hospital infections
- Dental negligence
- Cosmetic surgery negligence
- Nursing home negligence
What type of damages can I claim?
We understand that medical negligence can cause hardships in your life, such as; pain and suffering, loss of income, additional medical expenses, disability or impairment, reduced quality of life and/or depression and anxiety.
In a medical negligence claim the types of possible damages include:
- Pain and suffering compensation,
- Past and future medical expenses,
- Domestic assistance; &
- Economic loss (loss of income).
Time Limits
Medical malpractice claims are filed in the Supreme Court or District Court of NSW, depending on the amount of damages sought. There are strict time limits for making a claim, so it is important to act quickly.
Generally, you have three years from the date of the injury or the date you became aware of the injury to start your claim.
What is duty of care?
A medical practitioner has a duty of care to their patients to provide a standard of care widely accepted in Australia by peer professional opinion as competent professional practice at the time the service was provided. If the standard of care given is less than the standard and resulted in actual harm to the patient, it is worth having a free consultation with our lawyers.
The lawyers at GWK Lawyers have been involved in some of the leading cases dealing with duty of care in New South Wales medical negligence cases.
What are legal costs in Medical Negligence cases?
Depending on the matter, we generally operate on a "no win, no fee" basis. This is called a conditional cost agreement. Given the complex nature of medical negligence matters, often there is extensive investigations before proceedings are commenced in a New South Wales Court to assess whether there are reasonable prospects of success.
It is important to discuss costs with your lawyer to understand any potential costs involved. Contact us to discuss your medical negligence matter in a confidential consultation at our Norwest office or our Sydney CBD office.
Grieve Watson Kelly Lawyers:
We will work hard to obtain the best possible outcome for your case, taking into account your individual circumstances and needs. GWK Lawyers will guide you through the legal process and keep you informed every step of the way.
We have offices in Sydney CBD, Norwest and online consultations. You can contact us today for a free initial consultation and case assessment. We will listen to your experience and discuss your possible options.