Do you believe your loved one passed away as a result of preventable medical circumstances? If you believe the doctor, nurse or hospital responsible for their care acted negligently and contributed to their premature death, we can help you.
We put a lot of faith and trust into the medical professionals who look after ourselves, families and loved ones. We expect them to treat our medical problems and rehabilitate us back to full health - When this trust is breached and injury, let alone death occurs as a result, a family can be more than entitled to expect proper compensation for their unexpected loss.
Medical negligence claims, even for injuries, can be difficult to pursue due to the complex circumstances and burden of proof. As wrongful death is far more serious - It can become far more difficult to successfully pursue a compensation claim against a medical professional or institution. It's important to choose a legal team who know how the medical industry operates in NSW, with a strong knowledge of medical compensation law, patient rights and experience settling claims against medical practitioners whose actions have resulted in the wrongful death of their patients.
Your claim must prove that the passing of your loved one could have otherwise been prevented if the medical practitioner acted or performed the procedure within their duty of care.
We can help you achieve compensation for your claim, including loss of earnings, pain and suffering, psychological rehabilitation, and loss of life quality.
The following injuries, places or circumstances generally entitle you (the partner or family member of the victim) to make a compensation claim against a negligent medical practioner:
- The medical practitioner breached their duty of care - Such as the surgeon or assistant demonstrating poor communication/diagnostic skills, being under influence of drugs/alcohol, not following the established rules.
- Your medical practitioner was licensed & insured - Commercially practicing surgeons are bound by professional indemnity insurance. If your procedure was performed internationally (such as Thailand) or by an unaccredited surgeon, your claim may not be pursuable.
- You are in a position of entitlement - Although you may have friends who are closer than family to you - If you are not related to the victim through family or marriage, you will not be entitled to compensation. Positions of entitlements include the passing of your parents (children) the passing of your child (parents), the passing of your partner (husband or wife), or being the brother or sister of the victim who had no children or partner (siblings).
- The death can be proved by causal connection - For example, if your loved one was elderly with a range of other life threatening conditions - It can be extremely difficult to prove that they passed away due to negligence. If your claim is successful - Your settlement may be influenced by their life expectancy had their wrongful death not occurred, which in some scenarios may be feasible to pursue. This makes wrongful death claims on behalf of newborns and infants also complex due to there often being other underlying medical conditions and fragility.
- Not sure if you have a claim for a wrongful death of a loved one? - We understand that the passing of a loved one is incredibly heartbreaking, especially when the death could have otherwise been prevented. Our team of medical negligence lawyers can offer a complimentary consultation to talk through your possible options and likelihood of successful compensation. Please request a free consultation with us online if you would believe you have a wrongful death claim on behalf of a loved one.
We can help you determine:
- If your wrongful death claim is eligible.
Time constraints and circumstance mean your case may or may not be eligible, particularly for medical malpractice.
- The likelihood of you receiving compensation for the loss of your loved one.
We offer a no win, no fee* policy, meaning we won't set unreasonable expectations. Even though you may be genuinely suffering from the passing of your family member, the circumstances of your claim may limit your potential for compensation.
- How quickly you will receive compensation.
We will establish an estimated timeframe for a successful settlement. Get in touch with us today for a free, no obligation consultation to discuss your claim.
I got a great settlement at a time when I really needed the money.
CMC Lawyers kept me fully informed at all times and treated me with compassion and dignity.
Sean Brown, Successful CMC Lawyers Client
Why Choose CMC for my Wrongful Death Claim?
- Results: Our team has an unparalleled understanding of the legalities surrounding medical negligence from premature death. We have been settling wrongful death insurance claims for over 20 years - We know the likelihood your claim will succeed, we have the compassion and care to look after our clients in these stressful and heartbreaking times. We're so confident that we offer our clients a no win, no fee* policy.
- Balanced: We're large enough to offer our clients an established network of medical and financial resources and legal expertise, but small enough to care for our clients on a personal level.
- Accredited: Our Law Society Specialist Accreditation provides the public with a benchmark for reputable service. CMC Lawyers have passed extensive examination and assessment, along with strict ongoing training to ensure we stay on the forefront of medical compensation law and professional indemnity insurance claims.