Specialist medical negligence lawyers

When a medical provider fails to uphold their duty of care to a patient and this results in injury, this is considered medical negligence, or may be referred to as medical malpractice. 

Some common types of medical negligence include: 

• Negligent advice and treatment: such as misdiagnosis, medication errors, failure to obtain informed consent or surgical mistakes.
• Pregnancy and childbirth complications: when more than a reasonable mishap or mistake is made by your obstetrician, gynaecologist, doctor, midwife or hospital staff.
• Cerebral palsy caused by negligence: When cerebral palsy results from medical negligence, we help families access the compensation they need to provide tailored, quality treatment and support their vital role as carers. 
• Negligence resulting in death: If someone you loved has died as a result of negligent medical treatment, you may be able to make a claim for compensation.

You may be eligible to claim compensation if you have suffered a physical or psychological injury as a result of medical malpractice. You may also be able to make a medical negligence claim if malpractice results in the death of a loved one.

To make a successful medical negligence claim, you need to be able to prove that:

• there was negligent medical treatment
• the treatment caused an injury or some harm that would not otherwise have occurred

Each state and territory has its own laws that apply to medical malpractice claims. Speak to our medical negligence lawyers, we can help you understand what laws apply to you and what options are availble to you.

We commonly help people make claims for negligent medical treatment such as:

• making an existing condition worse
• misdiagnosis or failure to diagnose a condition
• failure to provide the appropriate treatment or referral
• a delay in diagnosis or providing the appropriate treatment or referral
• failure to perform surgery or provide post-operative care with reasonable care and skill
• incorrectly reporting on test results.

The most common types of medical negligence claims can involve:

• obstetrics
• paediatrics
• gynaecology
• emergency medicine
• surgery
• orthopaedics
• misdiagnosis of medical conditions
• delayed diagnosis of medical conditions (for example after a Pap smear, breast screening or other diagnostic test)
• medication errors 
• cosmetic surgery

The compensation you may receive depends on the law you're covered by and the state you live in.

Every case is assessed individually, based on the extent of harm and how it has affected the person’s life. Courts weigh many competing factors when deciding how much compensation to award. As experts in medical negligence litigation, we can assist the court in calculating the highest possible compensation payment you’re entitled to.

 If your medical negligence claim is successful, you may be awarded compensation to help cover:

• medical treatment and rehabilitation costs
• loss of past and future income or earning capacity
• pain, suffering, and loss of enjoyment of life
• domestic assistance or home modifications.

In the context of a medical negligence claim, a medical provider can include any individual or institution providing medical care, such as:

• hospitals
• doctors
• surgeons
• nurses
• midwives
• paramedics
• medical assistants
• lab personnel
• radiologists
• dentists
• pharmacists 
• cosmetologists 
• other allied health professionals.

If you’re unhappy about the level of care you received, but the treatment doesn’t mean the legal threshold for negligence, there are still ways you can be heard and potentially receive compensation.

This includes:

• Making a complaint to the Australian Health Practitioner Regulation Agency (AHPRA), who can investigate what happened
• Making a complaint to the health complaints body in your state.
• Making a complaint to the National Health Practitioner Ombudsman, who offer an independent complaint-handing service.
• Writing to the hospital or clinic where you received treatment.

After hearing your story, we can advise you on the best strategy for your circumstances. 

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 (unless your claim is for a child, in which case time limits can vary again). Extensions of time limits are also sometimes possible.

It's important to get help as soon as possible from someone who understands the complexities of medical negligence law that applies in your state or territory. Speak to one of our medical negligence lawyers today about your options. 

We help people with medical negligence claims on a No Win, No Fee basis, meaning you won't be charged our fees unless your claim is successful.

Your first consultation is also obligation-free, so get in touch today.