Hospital Negligence and Choosing Malpractice Lawyers


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When you’ve been injured, lodging claims and paperwork only makes things worse. At Carbone Lawyers, we manage the whole process so you can just focus on your recovery.

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Our no win, no fee policy means that most personal injury claims have no upfront fees.

Medical and legal processes are similar in that they can be confusing and harmful if misunderstood or practised incorrectly. If you’ve been harmed by a hospital worker’s negligence or malpractice you may be entitled to compensation, our team at Carbone Lawyers is here to simplify the process and help you get the compensation you deserve. With a steadfast ‘No Win, No Fee’ policy and over 30 years in Melbourne’s legal landscape, we’ve prepared this guide to help you understand the difference between medical negligence and malpractice and what your legal rights are as a victim of either.

Hospital Negligence vs Malpractice

What does hospital negligence mean? Negligence in a hospital setting describes when the treatment and level of care inadvertently fall below an acceptable standard during someone’s stay resulting in harm. Sometimes it’s an incorrect procedure; other times, a missed diagnosis or a lapse in post-operative care resulting in infection. 

The line between negligence and malpractice is thin yet distinct; negligence is when an accident is made resulting in harm, whilst malpractice is knowingly and wilfully providing substandard or dangerous medical care. Both can be equally damaging and difficult to prove without an experienced legal team like the lawyers at Carbone Lawyers.

Note: Sometimes medical treatment unfortunately fails or has unintended consequences without negligence occurring, there must be a direct link between harm whether it be an injury, pain, suffering, or death and the practitioner’s treatment being below the expected professional standard. If you’re unsure whether or not you have a case for negligence or malpractice call us at 1800 369 888 for a free claim assessment.

Compensation for Hospital Negligence or Malpractice 

When does a medical error become a case for legal action? It’s when the carelessness of medical professionals directly leads to harm such as misdiagnoses, surgical blunders, or medication mix-ups. A hospital negligence claim in Victoria typically must be submitted within a  three-year window from discovering the harm and compensation typically covers things to help restore the individual’s quality of life to what it should have been had the negligence or malpractice not occurred. 

Compensation can be for:

  • Past and future related medical expenses
  • Pain and suffering payments for the reduced enjoyment of life
  • Modifications to home and/or vehicle to accommodate the harm
  • Loss of earnings from the harm
  • Reimbursement for care provided professionally and by friends/family

Choosing the Right Lawyer to Sue a Hospital

Given the difficulties involved in proving hospital negligence you need a lawyer you can trust by your side. For something as traumatic as medical negligence or malpractice your legal team must have the right mix of a proven track record, empathy, and expertise. The team at Carbone Lawyers have over 30 years of experience in Victoria helping people like you get the compensation they deserve. 

Our ‘No Win, No Fee’ hospital negligence and personal injury guarantee shows our belief in our ability and your right to recompense. In most claims, this means you’ll have no upfront fees and will only pay if you win. Medical negligence cases are time-sensitive and can often take several years for an outcome so call us on 1800 369 888 and get your claim started today.

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