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Medical Negligence Lawyers

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What is medical negligence?

Medical negligence (also known as medical malpractice) is the failure from a health-care provider, including GPs, dentists and specialists, to treat you with reasonable skill and care, causing you an injury as a result.

Injured while in their care? Put yourself in our hands

The law surrounding medical treatment is becoming more and more complicated, as medical science and technology evolves and advances. Sometimes, even the best medical treatment cannot prevent illness or injury. Likewise, a bad experience with a doctor may not be the cause of an injury.

However, if a health-care provider causes you an injury while in their care, you may be able to make a claim. Also in some circumstances, medical treatment can give rise to legal issues other than medical malpractice.

We’ll help you get the compensation you deserve 

  • Start With A FREE Initial Consultation** - so you can know where you stand.
  • We offer a No Win - No Fee Arrangement* 

Medical negligence covers a wide range of issues, including:

Making a medical negligence claim

Medical negligence is a particularly complex area of law and any potential claim must be investigated thoroughly. To avoid losing your right to sue for damages, you and your medical negligence lawyer must act quickly.

Time limits apply on your right to make a claim, which vary between states and territories. If you think you may have a claim or you have an enquiry about the treatment you have received get in touch with us.

To obtain compensation, we must be able to prove the following:

  1. Your health-care provider was negligent:
    Negligence is a specific legal concept determined by reasonable care; not every failure or error made by a health-care provider will be negligent. 

  2. The medical malpractice led to your injury:
    We must then show that the treatment caused or contributed to your injuries.

  3. Your injuries are significant and related:
    You can only be compensated for injuries and losses that result from the negligent treatment. The injury thresholds you have to meet before you can make a claim vary from state to state. You may also be able to make a claim if a health-care provider failed to advise you on the possible unfavourable outcome of a proposed treatment.

We're here to help, simply get in touch online or call us.

Our expert medical negligence lawyers

Our Australia-wide team of medical malpractice lawyers can help in handling a wide range of medical malpractice claims. We offer not only expert advice about medical negligence claims, but are able to assist with general and urgent enquiries about you or your family’s treatment rights.

By working with us:

  • You'll have Australia's largest consumer law firm working for you. With enormous expertise in medical law, we can draw on our experience to offer you expert advice in your claim. Learn more about our wealth of experience and resources.
  • We'll tell you if your claim has a reasonable chance of succeeding, what kind of damages you might be awarded, how much it will cost you and how long the process will take. And, if we agree to act for you, this will often be on a conditional No Win - No Fee* basis. 

You have been an invaluable support to me throughout. Your caring nature and knowledge of my case was a credit to you and so refreshing for me! Keep up your wonderful work.

Jenni from St Kilda

Frequently asked questions

  • What are some examples of a medical malpractice claim?

    There are as many examples of medical cases as there are differing medical treatments and procedures. A medical negligence claim may even arise from poor communication from doctors - this can give rise to a claim based on the failure to warn of risks involved in treatment.

    Patients (and their doctors) may need legal advice about special treatment options, issues of consent to and refusal of treatment and the rights and responsibilities of patients and their families. The growing field of fertility treatment, for instance has particular challenges for the law and medicine. Another topical example is medical tourism, where medical treatment is obtained in other countries.

    Occasionally the unexpected conception or delivery of a child is a result of medical malpractice, and can have significant consequences both in terms of the care and support needs of the child (particularly if the child suffers from a disability) and the impacts of the pregnancy and childrearing on the carer.

  • What happens if I win a medical malpractice claim?

    If you can prove that your injury was caused by negligent treatment, you may be eligible for financial compensation. Compensation for negligence is intended to reimburse you for the costs of your injury. It is not intended to punish the negligent party. The amount of money awarded in compensation reflects the level of pain and loss suffered, not the nature of the negligent treatment.

    Medical negligence compensation may be paid for:

    • General damages for pain and suffering and the loss of enjoyment of life;
    • The cost of medical expenses and treatment arising from your injury;
    • The lost wages and income caused by the injury; and in some cases you may be able to receive compensation for the care provided to you by family or friends, even when that care was provided at no charge.
  • Can I claim an additional lump sum benefit?

    Many superannuation funds provide coverage for a disability insurance benefit, often referred to as a Total Permanent Disability (TPD) benefit. This insurance cover, if provided under your superannuation, is a benefit additional to the contributions that you and/or your employer have made to your superannuation fund during the period of your membership. Most people are unaware or forget that this insurance cover is in place. 

    Whether you can make a claim for a superannuation disability benefit will depend on a number of factors - particularly, whether this insurance cover is provided under your superannuation. See more information on claiming your superannuation.

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We can assist you with determining if you have a medical negligence claim.

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