Content warning
The information on this page mentions pregnancy and infant loss.
Content warning
The information on this page mentions pregnancy and infant loss.
Can I make a claim?
This area of the law is complicated. Even if you've received negligent treatment, 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 medical treatment on the part of your obstetrician, gynaecologist, doctor, midwife or hospital (more than a reasonable mishap or mistake)
- the treatment caused an injury or harm to yourself or your baby that otherwise wouldn't have happened
More information can be found below. This information may be distressing for some users, please navigate this section with care.
Examples of what is considered negligent treatment
Examples of obstetric negligent treatment that you may be able to claim compensation for include:
- failure to investigate and monitor pregnancy
- failure to advise you of abnormalities discovered during your pregnancy and offering you the option to abort
- injury caused by failing to recognise a high-risk pregnancy and properly manage it
- injured newborn baby due to the mother's labour or delivery being poorly managed
- cerebral palsy caused by medical negligence
- injured newborn baby due to poor neo-natal care.
Examples of gynaecological negligent treatment that you may be able to claim compensation for include:
- misdiagnosis of a condition leading to infertility or a hysterectomy, including:
- delayed diagnosis
- incorrect or wrongful diagnosis
- failure to make any diagnosis
- failed sterilisation incorrect or improper prescription of a contraceptive
- pap smear test errors
- failure to detect cervical or ovarian cancer
Time limits for making a claim
Time limits vary under the different state and federal laws. In most cases, you need to take legal action within three years. 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
- pharmaceuticals
- medical and domestic assistance
- loss of income and future earning capacity
- payment to compensate for pain and suffering and loss of enjoyment of life.
Speak to a medical negligence lawyer
We've successfully represented hundreds of patients and their families in complex and sensitive cases.
No win, no fee* medical negligence claims
Our 'no win, no fee'* policy means that if we don’t win, you don’t have to pay our legal fees.
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.
01
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.
02
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.
03
Process payment.
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 when you need us most.
Call us on 1800 111 222, or leave us a message below to request a call back and one of our team will be in touch as soon as we can.
Office locations
We’re here to help. Get in touch with your local office.
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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.