Who can make a claim
This area of the law is complex. Even if you've received negligent treatment or advice, you cannot make a claim if you haven't suffered harm or injury.
To make a successful claim, you'll need to be able to prove that:
- there was negligent treatment on the part of your medical provider (more than a reasonable mishap or mistake)
- the treatment caused an injury or harm that otherwise wouldn't have happened
Our expert medical negligence lawyers can help you understand your legal options and if you have grounds for a compensation claim.
What's considered negligent treatment?
Examples of negligent treatment that you may be able to claim for include:
- misdiagnosis of medical conditions, including:
- delayed diagnosis
- incorrect or wrongful diagnosis
- failure to make any diagnosis
- cancer misdiagnosis, including:
- failure to detect early signs of cancer
- non-cancerous condition wrongly diagnosed as cancer
- failure to refer for testing or specialist review
- making an existing condition worse
- failure to obtain informed consent, including adequate warning of the risks and possible complications
- injury due to surgical mistakes
- medication errors, incorrect drug treatment or drug reactions
- failure to provide the appropriate treatment or referral
- failure to provide post-operative care with reasonable care and skill
- incorrect reporting on test results
A medical provider can include:
- a hospital
- nurse or assistant
- lab personnel
- other health professional.
Time limits for making a claim
Time limits vary under the different state and territory laws. In most cases, you need to take legal action within three years. There are exceptions to this, including for children, who generally have a longer period of time. Further extensions of time limits may be possible in some cases. Discuss your circumstances with one of our specialised lawyers so you know where you stand.
Compensation and benefits
The compensation and benefits you may receive depend on the severity of your circumstances, the law you're covered by and the state you live in. In some states there's a threshold that determines how significant or severe an injury has to be before you’re entitled to claim damages for pain and suffering.
The compensation you may receive is usually awarded as a single lump sum payment.
Your compensation can cover past, present and future expenses and losses including:
- direct medical expenses
- allied healthcare expenses
- medical and domestic assistance
- loss of income and future earning capacity
- payment to compensate for pain and suffering and loss of enjoyment of life.
Process for making a claim
Our specialised lawyers will assist you with your claim and make sure you know about your rights and options.
We'll keep you informed throughout the whole process and provide you with legal advice that is easy to understand.
Get in touch.
Tell us your story, we're here to listen. Our experienced medical negligence lawyers will review your circumstances to provide you with the best advice.
We’ll prepare your claim.
We take care of the legal process on your behalf. You will be kept informed of all stages along the way, including what fees are payable.
If your claim in successful and damages are awarded, we'll process your payment as soon as we receive it.
We’re here to help. Get in touch with your local office.
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Our Canberra office is now closed, but our team continues to serve ACT clients and are available for phone and video appointments. If you need legal advice, 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.