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Alleged negligent psychiatric care in Victorian Public Hospitals

Have you lost a loved one because of poor psychiatric care at Frankston Hospital or another public hospital in Victoria? Check if you have a medical negligence claim.

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Allegations of negligent hospital’s failure in psychiatric care leading to death by suicide 

Our expert medical negligence lawyers in Melbourne are currently acting for two families who tragically lost a family member to death by suicide, following an alleged negligent hospital’s failure to provide psychiatric care.

At the core of the issue is Frankston Hospital’s duty of care for mental health and its alleged failure in that duty to provide psychiatric care to people that presented with clear symptoms of being at high risk of self-harm and suicide. 

Can I make a negligent hospital, failed psychiatric care medical negligence claim? 

You may be eligible to make a medical negligence claim for an alleged negligent hospital’s failure to provide psychiatric care in Victoria if: 

  • Your loved one died by suicide*

  • You believe their death was because of the negligent psychiatric care actions of a public hospital or medical professional  

  • You have been financially or emotionally impacted by your loved one’s death 

*Time limitations do apply and depend on the circumstances of your claim, so it is highly recommended that you seek legal advice as soon as possible. 

Shine Lawyers can help 

Medical negligence claims are complex, particularly where someone has died. It’s important to seek expert legal advice as soon as possible after your loved one’s passing. 

Our medical negligence lawyers in Melbourne offer their legal services on a No Win, No Fee* basis. This means that you don’t need to pay our legal fees unless we win your case. 

You may be eligible to make a medical negligence claim for: 

  • Psychological injury because of your loved one’s death 

  • Dependency because you and / or your children were dependent on the person who died from medical negligence 

We know that you’ve been through enough and understand you may be overwhelmed at such a complex and challenging time. Our mental health lawyers in Victoria are trauma-informed and sensitive to their role in helping you understand what’s involved in the legal process in making a medical negligence claim.

Contact us today 

If your loved one died by suicide after seeking psychiatric care at Frankston Hospital or any other public hospital in Victoria or elsewhere in Australia, our experts can help determine your rights and potential for compensation. Call Shine Lawyers toll-free on 1800 560 634.  

No Win, No Fee*

We do our best up-front to make sure you understand your legal claim, including whether your claim is on our No Win, No Fee* basis.  

*Conditions apply

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Medical negligence claims process

We confidentially listen and assess your medical negligence case

During an obligation-free initial consultation, we’ll take the time to sensitively listen to you and understand your situation. We’ll fully explain the medical negligence claim process to you so that you understand your rights and feel in control.

We’ll build your case and keep you informed

As your expert mental health lawyers, we’ll work with you to gather all the evidence you need to support your negligent hospital, failure in psychiatric care claim. All evidence will be considered, so we can assess your options and provide advice tailored to your specific situation.

We’ll negotiate to settle your medical negligence claim early

We’ll seek to negotiate your medical negligence claim to encourage a resolution prior to the matter going to court. Wherever possible, we’ll seek to minimise any stress this process could have for you and resolve your claim in a way that’s sensitive to your needs.

If required, we’ll go to court

Only a small percentage of cases result in a court hearing. If this does happen, we’ll be by your side, providing compassionate support and skilled legal representation every step of the way.  

Wherever possible, we’ll work closely with your family, any primary care providers and / or medical support to reduce any stress or inconvenience from this process.

Resolve your case

We’ll passionately work to deliver the outcome and compensation you deserve.

Shine Lawyers’ Victorian locations  

With 9 locations in Victoria, our medical negligence lawyers in Melbourne are here to help with your medical negligence claim, no matter where you’re located. If you can’t make it to one of our offices, give us a call and we can come to you or speak with you in a virtual appointment.

Our medical negligence lawyers in Melbourne, Victoria

Medical negligence FAQs

What is medical negligence?

Medical negligence is when a hospital, medical practitioner or healthcare provider fails in their duty of care (such as to provide psychiatric care) resulting in loss, injury or suffering (including emotional distress or psychological injury).

What evidence do you need for a medical negligence claim?

Where someone has died by suicide, the documentary evidence your medical negligence lawyers in Melbourne can help you gather includes: 

  • Your loved one’s medical records (from their GP as well as from Frankston Hospital or other public hospital in Victoria) 

  • A record of any communication indicating your loved one’s suicidal thoughts or past suicide attempts 

  • A record of any expenses or lost wages you’ve incurred due to your loved one’s death by suicide

My loved one has died by suicide, can I make a medical negligence claim?

You can make a medical negligence claim if your loved one has died by suicide after seeking psychiatric care at Frankston Hospital or another public hospital in Victoria and you believe: 

  • They were owed a duty of care for mental health (for their psychiatric care) 

  • Appropriate psychiatric care was not provided, leading to your loved one’s death by suicide 

  • Because of your loved one’s death, you have suffered financial or emotional loss

Can I represent myself or do I need a medical malpractice lawyer in Melbourne?

You can represent yourself when making a medical negligence claim, but doing so successfully will likely require: 

  • A thorough understanding of the relevant law 

  • Knowing your legal rights and entitlements 

  • A commitment to actively progress your case

Is there a medical negligence lawyer near me?

Shine Lawyers has 9 branches in Victoria (part of our over 40 branches across Australia). If you can’t make it to one of our offices, give us a call and we can come to you or speak with you in a virtual appointment.  

Location is no barrier to accessing Shine Lawyers’ expert mental health lawyers’ advice and support.

Why trust Shine to be my medical negligence lawyer?

We have helped thousands of Australians right wrong and access more than $1 billion per year in compensation and entitlements through our expert legal services. 

95% of the cases we represent are settled without the stress of going to court. 

Our medical negligence lawyers in Melbourne offer their expert legal services on a No Win, No Fee* basis, and an obligation-free initial consultation, so you can understand your rights and know where you stand.

Is there a time limit for making a medical negligence claim in Victoria?

In Victoria, the Limitation of Actions Act 1958 requires a claim to usually commence within three years of the date you become aware of your loss or harm. However, each case is unique and your solicitor will be able to advise if the three-year limitation can be extended in your case. In cases where your loved one has passed away from negligent mental health care in the last ten years, it’s advised you seek legal advice as soon as possible.

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