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Personal Injury

Medical Negligence Law

If medical treatment or consultation has left you worse off than expected, we can help you get the compensation you deserve.

It’s easy to feel lost if a medical treatment has left you worse off than expected. You’re probably wondering what your options are, or who you should talk to.

You’re not alone.

Our medical negligence lawyers help thousands each year understand their eligibility for medical negligence compensation.

While medical negligence laws may seem complicated, we have the expertise and experience to get the compensation you need to move forward with your recovery.

What is Medical Negligence?

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 poor outcome through misdiagnosis or 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.

Importantly, injuries do not need to be catastrophic or life threatening to qualify as medical negligence.

Frequently Asked Questions about Medical Negligence Claims

Each medical negligence case is unique, so costs will depend on the circumstances of your specific claim. However, we offer our No Win – No Fee* promise as part of our medical negligence cases. That means if you don’t win, you don’t pay the fees for the work we do on your case.

Separate to our professional fees are disbursements. These are out-of-pocket costs that are incurred as your claim progresses, such as the cost of obtaining your medical records or the expense of having an independent medical expert comment on your treatment.

Depending on the circumstances, these costs may be paid on your behalf by a third-party funder, by you, or sometimes by us at Slater and Gordon. Any costs will be discussed with you by your lawyer prior to any costs being incurred.

We understand that the idea of going to court can be stressful. Fortunately, 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.

Our dedicated medical negligence team team will work tirelessly to resolve your case efficiently, keeping your best interests at heart.

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.

While healthcare professionals don’t intentionally cause harm, we understand how much a medical error or misdiagnosis can impact your life, and that of your family’s.

That’s why all healthcare professionals are required by law to be insured for their entire scope of practice, either through their employer or personal indemnity insurance.

Accordingly, if successful, you’ll likely receive financial compensation from your healthcare professional’s insurance provider – not the healthcare professional directly.

Time limits for medical negligence claims vary under the different state and federal laws. In most cases, you need to take legal action within three years of the injury, so it is important to act quickly.

While time limit extensions are sometimes possible, getting help as soon as possible from someone who understands the complexities of medical negligence laws that apply in your state or territory is vital.

You can find out if you have a possible claim in just 3 minutes through our free online claim check. Simply answer a few questions and we can put you in contact with one of our medical negligence lawyers of your choosing to discuss your potential compensation entitlements.

No Win, No Fee* Medical Negligence lawyers

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.

If there are upfront costs not associated with our legal work, we'll let you know in advanced and provide an estimate of any costs. There are some situations where you may need to pay upfront costs for investigative reports or medical reports, but we'll always discuss with you before you agree to work with us.

See here for full terms and conditions 

Find out where you stand

Medical negligence is a particularly complex area of law and any potential claim must be investigated thoroughly. If medical treatment or consultation has left you worse off than expected and think that you have a medical negligence claim, start your free claim check or call us.


What to expect

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. We’ll guide you through each of these and make sure you feel comfortable at every stage.

In the rare event that we’re unable to reach a settlement and the case proceeds to trial, our team will provide you with advice and support every step of the way.

Learn more about what to expect during the medical negligence claim process.

How do we prove Medical Negligence?

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.

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

Why make a Medical Negligence claim?

You might wonder: is it worth pursuing a claim? The decision is entirely yours, but if you believe you’ve experienced medical negligence, seeking legal advice is crucial.

While exact outcomes can’t be guaranteed, our team can assist you in obtaining the answers and the compensation necessary for medical support, recovery, and rehabilitation.

You can check your eligibility for compensation in just minutes by using our free online claim check. Afterwards, you can meet with an expert medical negligence lawyer of your choosing for a free initial appointment to explore your options.

Most of our medical negligence cases are resolved out-of-court as our experienced team works diligently to achieve fair settlements without the need for a trial.

Hear Mick's experience

Med neg micks story
Slater and Gordon client Mick shares his story.

Feedback from our clients

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

Molly Jackson-Foye

Savaii Torode and Louise Jackson from Slater and Gordon managed my medical negligence claim were amazing. Everything ran smoothly and efficiently, I highly recommend Slater and Gordon.

Rhiannon Wilkinson

We dedicated to go with Slater and Gordon lawyers after reviewing a number of other law firms and couldn’t be happier with the choice we made. Liam took on our medical negligence case and he provided excellent service with exceptional results.From the start, Liam explained in detail all the steps and stages and what to expect during each stage which was easy for us to understand. During the process we had many questions and concerns but Liam was always available to answers our questions in a calm, confident and professional manner.We would highly recommend Liam Anderson from Slater and Gordon to fight your medical negligence claims.

Maria

In May 2023 Liam Andersen represented me in a medical negligence case. From the outset I found Liam to be highly knowledgeable, empathetic, patient and readily available to assist with my queries. He explained complex legal matters in terms that were easy for me to understand and he set realistic expectations about the outcome of my case. During mediation he was calm, collective and decisive. This provided me with confidence and he was supportive throughout each stage of mediation. I highly recommend Liam if you are seeking representation for a medical negligence case.

roisin tumilty

We were extremely pleased with the service provided by Slater and Gordon in connection with a distressing medical negligence claim. Liam Casey who led the matter was understanding and supportive and kept us well informed throughout the process. He kept us going when things got stressful and we had a lot of confidence in him. I would recommend Liam and his team without reservation.

Julia Evans

i recently worked with Nathan to settle a medical negligence claim, nathan was profess and made sure he did everything that he could do for me honestly couldn't fault this experience

Bri Rose

Called to get advice regarding a medical negligence issue after being injured in a Perth hospital. Whist my case did not qualify for a “no win no fee” arrangement the general information given was invaluable. Briee and Jeffrey were knowledgeable, friendly and great communicators. If I ever need legal advice or representation in the future Slater and Gordon will be the first place I call.

Andrew C

Slater and Gordon Lawyers were my first experience of lawyers, and I thank them so much for taking on my Medical Negligence claim in ‘no win, no fee’. They treated me with kindness and respect and helped me through a very difficult journey with compassion and understanding. I highly recommend, and am so grateful to Liam Andersen, Bianca Perry & Yevgeny Bagrin. Colleen Bleazard

Colleen Bleazard

Slater and Gordon have helped me through the most difficult experience of my life! I initially started my claim with a lawyer from the Brisbane office but then he moved on and was promptly replaced with Anna Hansen from SYD. At first I was apprehensive about the sudden change as it left me with a lot of uncertainty. However, it ended up being the best change that could’ve happened because the communication got easier and the evidence got stronger and Anna worked tirelessly with her team to secure me a positive result on the very first mediation. The team made me feel so comfortable and went out of their way to keep me calm and relaxed on the day. Turns out I had no reason to be anxious! They made sure I understood everything that was happening over the course of the entire claim. Anna has a really clear way of explaining things where other lawyers would normally explain things in a way that’s more confusing. Overall, I would highly recommend Slater and Gordon for anyone wanting to sue for medical related claims.All I had to do was show up to appointments when needed and Slater did the rest! Thanks Anna and team for securing me a positive outcome! Excited to move on with life now!

Caitlin Kelly
Google Reviews

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.

We’ll take it from here

At Slater and Gordon, we have longstanding experience in medical negligence law and have successfully helped thousands of clients access compensation benefits

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. Our team, backed by an Australia-wide network, is dedicated to getting you the best possible outcome.

Free social work services

We understand that seeking your legal entitlements is only one aspect of your journey after a life-changing incident. That’s why we provide free social work services to help improve our clients' wellbeing.

Learn more about our free social work services

We're here to help

Start your free online claim check now. Or, if you have a question, get in touch with our team.