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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.
Negligent medical advice and treatment
If you've experienced negligent medical treatment such as misgianosis, medication errors or surgical mistakes, you may be able to make a claim for medical negligence compensation. Find out more about making a medical malpractice claim.
Pregnancy & childbirth
If you or your baby have experienced complications due to negligence by your medical provider during pregnancy or childbirth, you may be able to make a claim for compensation. A medical malpractice lawyer can help you understand your options and guide you through the process.
Death of a loved one
If someone you love has died as a result of medical malpractice, you may be able to make a claim for medical negligence compensation. Our medical negligence lawyers can help you understand your legal options and also assist with coroner's inquests.
No win, no fee* medical negligence claims
Our team of specialised medical negligence lawyers have an outstanding record of winning fair compensation for our clients. Our 'no win, no fee*' policy means that if we don't win, you don't have to pay our legal fees. Get in touch today.
Medical negligence compensation frequently asked questions
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.
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.
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
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.
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.
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.
Why Maurice Blackburn for your medical negligence claim?
Our medical negligence lawyers specialise in malpractice compensation claims and are dedicated to protecting the rights and entitlements of you and your family.
No win, no fee*
*If we don’t win, you don’t pay our professional fees.
We care
Our local medical negligence lawyers understand the impact an injury or illness has on your life and will help you through the compensation claims process.
Obligation-free first consultation
If you choose not to proceed with your medical negligence claim, your initial consultation is free.
33 offices around Australia
We'll sort things out no matter where you are in Australia.
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We have lawyers who specialise in a range of legal claims who travel to Australian Capital Territory. If you need a lawyer in Canberra or elsewhere in Australian Capital Territory, please call us on 1800 675 346.
We have lawyers who specialise in a range of legal claims who travel to Tasmania. If you need a lawyer in Hobart, Launceston or elsewhere in Tasmania, please call us on 1800 675 346.