What is a medical negligence claim?

Medical providers owe you a 'duty of care' to exercise reasonable skill, judgement and care when examining, diagnosing, treating and advising you. If they breach that duty, this could be considered medical negligence or medical malpractice. If you are injured in their care, you may be able to make a medical negligence claim and they may be liable for any harm caused. A medical negligence lawyer can help you understand your options and to get the compensation you're entitled to.

What is considered medical negligence or medical malpractice?

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. 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.

Can I make a medical negligence claim?

You may be eligible to claim medical negligence compensation if you have suffered a physical or psychological injury as a result of 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.

What types of negligent treatment can I make a medical negligence claim for?

Common malpractice that you may be able to make a medical negligence claim for compensation can include: 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) drugs and drug reactions cosmetic surgery

Who is considered a medical provider?

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 or other allied health professionals.

How long do you have to claim medical negligence?

Time limits for medical malpractice 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.

How much will it cost me to make a medical negligence claim?

We provide our medical negligence services on a ' no win, no fee '* basis, meaning you won't be charged our fees if your claim is not successful. Your first consultation is obligation-free, so speak to one of our specialist medical negligence lawyers about your compensation claim to find out where you stand.

Dr Simon Gordon Gynaecological Investigation

An investigation is underway into gynaecological surgeries performed by Dr Simon Gordon at Epworth HealthCare and his private clinic, Endo Health, in Melbourne. Concerns have been raised about whether some patients underwent unnecessary surgery, including the removal of ovaries and other reproductive organs, for endometriosis that they may not have had.

It has been reported that in February 2026, Dr Simon Gordon surrendered his medical registration while under investigation by the Australian Health Practitioner Regulation Agency (AHPRA). The investigation follows complaints from patients and medical colleagues about the standard of care provided.

You may be affected if you received gynaecological treatment - including surgery - performed by Dr Simon Gordon at any of the following:

Epworth HealthCare (Richmond or other Epworth facilities), or
Endo Health clinic.

If you are concerned about gynaecological care or surgery performed by Dr Simon Gordon, and you have experienced unexpected outcomes, complications, or believe you may have undergone procedures that were not necessary, you may be entitled to compensation. Contact our expert medical negligence team today using the form below or call us on 1800 111 222.

Please note: This matter is currently the subject of regulatory investigation. No findings have been made, and this page does not assert that any allegations have been proven.

Read more about our work in medical negligence and misdiagnosis.

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Dr Simon Gordon Gynaecological Investigation