Niousha was fantastic, she won my medical negligence claim. Her and her assistant Bianca were really amazing, always really fast emails responses, and so helpful and accommodating. I really couldn’t recommend them more
What is medical negligence or malpractice?
Medical negligence occurs when the care that you receive is below the standard reasonably expected of a health care professional.
Our medical negligence lawyers understand how much a medical error can impact your quality of life and leave you feeling alone. We’re experts in this field and can help you understand whether your situation involves negligence and if you may be eligible for compensation.
What you need to know
You may have a claim if:
Your care was below a reasonable standard
that care caused or worsened your injury
you have ongoing impacts, like pain, disability, or financial loss.
Your injuries don’t need to be catastrophic or life threatening to qualify as medical negligence.
In most cases, you need to take legal action within 3 years of the injury.
While time limit extensions are possible, it’s important to get the right legal advice for your state.
We offer a No Win, No Fee arrangement to help you access the justice and care you deserve. This means that you won't pay for our legal work if we don't win your case. You may still be liable for third party costs and disbursements.
While medical negligence law can seem confusing at first, it essentially revolves around a simple question: did the medical treatment you received fall below the reasonably expected standard of care?
We can help determine whether your duty of care was upheld and if your situation was preventable.
Types of injury claims
With lawyers and offices around Australia, we’re experienced with different types of medical negligence claims and the process in all states.
Here are some claims we settle regularly:
Injuries sustained during birth, including stillbirths and neonatal deaths
Failure to refer for investigations, specialist advice or emergency treatment
Do I need a lawyer for a medical negligence claim?
Medical negligence cases can be complex and proving negligence requires substantial evidence. Getting the right support for an experienced medical negligence lawyer means that you have someone on your side gathering the evidence you need, working with medical experts, and negotiating with insurers on your behalf.
A medical negligence lawyer can guide you through the process, reduce stress, and help you make informed decisions at each step. When you pursue a medical negligence claim, your lawyer can help you meet strict time limits and detailed legal rules, collect medical records, work with specialist doctors for reports, and assess how the injury affected your life and work. Working with an experienced medical negligence can help you improve your compensation outcome while you take time to recover from your injuries.
Check if you're eligible for a medical negligence claim
Find out if you can make a medical negligence claim. Your online check only takes 3 minutes.
Entitlements
If the treatment you received was not up to acceptable standards, you may be entitled to compensation for the following:
Pain and suffering
Loss of enjoyment of life
Past and future medical expenses
Past and future professional care costs
Loss of past earnings
Loss of future earnings
The commercial value of care and assistance provided to you by loved ones
How we can help
Our lawyers will work with you to fully understand your situation, advise you of your rights, obtain the right evidence, and take the stress out of the legal process so you can focus on your recovery.
No case is too complex for our experienced medical law team which operates across the country, ensuring you always have a lawyer nearby to look after your claim.
Step through the process
Every medical negligence case is unique as circumstances vary from person to person. However, there are generally a set of steps that are required in each case.
In your obligation free initial appointment, your lawyer will learn more about your accident from you and then give you the advice you need to choose the best way forward.
We’ll gather evidence, obtain reports, organise meetings and appointments, and more. This is how we prepare the strongest case possible for you.
We’ll organise any independent medical examinations you might need to help with your claim.
We’ll help support you at every step of your journey to get you the compensation you deserve. In the rare event you need to go to court, we’ll help represent you.
Learn more about what to expect during the medical negligence claim process.
Frequently asked questions
The majority of our medical negligence cases are settled out of court through private mediation sessions. This approach allows us to negotiate on your behalf and reach a fair settlement without the need for a trial.
However, if a fair settlement cannot be achieved through mediation, we’re fully prepared to represent you in court to ensure you receive the justice and compensation you deserve at law.
All healthcare professionals are required by law to be insured for their entire scope of practice, either through their employer or personal indemnity insurance.
If your claim is successful, you’ll likely receive financial compensation from your healthcare professional’s insurance provider, not the healthcare professional directly.
Longer time limits can be considered, even if your injury happened over 5 years ago. It depends on the unique circumstances of your medical negligence case, so it’s important to seek legal advice.
It helps if you can provide your lawyer:
A timeline of your treatment
names of doctors, hospitals or clinics
copies of letters or reports
details of how your life has changed since the incident.
We can help you request your medical records and guide you through what we need, step by step.
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Meet our Medical Negligence lawyers
Our medical negligence team is here to listen to you and provide with the best legal advice for your needs. Slater and Gordon medical negligence lawyers are experienced in all types of medical law matters and are ready to get your life back on track.
