Medical Negligence & Medical Negligence Claims
Adverse medical outcomes can occur despite the best medical care. For medical negligence claims it must be proved that the poor outcome was caused by the negligence of the medical provider in falling below the expected standard of care. Proving medical negligence often requires a complex analysis of medical and legal issues. Galbally & O’Bryan has expertise in this specialised area of law and has on staff a medical negligence lawyer who can investigate a potential claim and provide caring and understandable advice.
What can I claim?
Compensation for medical negligence in Victoria is regulated in part by the Wrongs Act.
Save for some limited exceptions, a person cannot get compensation for pain and suffering unless their injury causes a permanent physical impairment of greater than 5% or a primary psychiatric impairment of greater than 10%. This is measured using the American Medical Association Guides to the Evaluation of Permanent Impairment (4th Edition).
A medical negligence claim must generally be filed with a Court within 3 years from the date on which the cause of action is discoverable by the claimant, although the period is longer for children or persons with legal incapacity. The time limit can also be extended in certain circumstances.
How can Galbally & O’Bryan help with your medical negligence claim?
We will investigate your claim:-
• to ascertain if you have been injured by medical negligence
• to advise of your potential compensation entitlement. If appropriate we will issue legal proceedings for common law damages (compensation)
• Free telephone consultation and free first appointment if we think we can help at either: