Our medical negligence lawyers can help
Medical negligence, medical malpractice, or medical mismanagement happens when treatment falls below an acceptable standard.
We know that the compensation you receive is vital to quality of life for you and your family. We are dedicated to helping you get your life back on track and will fight for you.
Why Maurice Blackburn?
We are Australia's leading and largest team of medical negligence lawyers exclusively dedicated to representing injured patients and their families. We have successfully resolved hundreds of complex and sensitive medical negligence cases, including many landmark claims.
If you think you have experienced medical malpractice, talk to us today to find out how we can help you. We have offices in Melbourne, Sydney, Brisbane, Perth, Adelaide, Darwin and throughout Australia.
All you need to know about medical negligence
If your health care professional, hospital or other facility breaches what’s known as their duty of care, you may be able to make a claim for compensation.
Types of medical negligence
Frequently Asked Questions
You may be eligible to claim medical negligence compensation if you have suffered physical, psychological or financial harm as a result of negligent treatment from your medical provider.
A provider can include a hospital, doctor, nurse, assistant, lab personnel, dentist, pharmacist or other employer or allied health professional.
The most common types of medical negligence claims can involve:
- emergency medicine
- 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
Medical providers owe you a 'duty of care' to exercise skill, judgement and reasonable care when examining, diagnosing, treating and advising you. If they breach that duty, you may be able to make a medical negligence compensation claim and they may be liable for any harm caused.
Common negligent treatment that you may be able to claim medical negligence compensation for 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.
You may be able to claim medical negligence compensation for negligent treatment by a medical provider under general Australian law. This also applies if medical negligence or malpractice results in an unexpected death.
The law in some states has a threshold that determines how significant or severe an injury has to be before you’re entitled to claim damages for pain and suffering caused by this injury. Each state and territory has its own laws that apply to medical negligence cases.
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
If you do have a case, we will help settle it outside of court or represent you in court. Contact us to discuss your claim.
You will only need to pay our fees if you receive a settlement for your medical negligence compensation claim, as we provide our medical negligence services on a 'no win, no fee'* basis.
If your claim is successful, you will be charged for the costs of the investigation and the legal work performed after issuing proceedings. This will be a charge on the appropriate court scale, and you will be given more information about this at the time when the decision is made to issue proceedings.
You won't be charged our fees if your claim is not pursued. In most cases, disbursements (the out-of-pocket expenses that we pay to other people) must be paid whether you win or lose.
Yes. However, medical negligence law is complicated. Even if you have received negligent treatment, you cannot make a negligence claim if you haven't suffered harm or injury.
As medicine is a difficult practice, your medical providers aren't expected to be perfect. Sometimes medical treatment is unsuccessful and injuries occur, but that is not enough to show that you were treated with negligence. You will need to prove that your negligent treatment is more than a reasonable mishap or mistake.
It's important to get help from someone who understands the complexities of medical negligence law, with experience in your area. Maurice Blackburn is Australia's leading and largest team of medical negligence lawyers, with all the resources and experience that come with being a national firm.
If you think you’ve experienced negligence or malpractice, contact us today to find out how we can help you.
In order to make a medical negligence claim, you will need to:
- Contact Maurice Blackburn to speak with our medical negligence team.
- We will gather information from you about what has occurred and then provide you with a preliminary assessment.
We will help you understand if you have grounds for a claim by investigating your case and getting an independent medical expert's opinion. If we believe you should proceed further, we will then lodge your legal claim and represent you at mediation and settlement hearings.
If your case doesn’t settle, we can represent you in court. We also manage coroner's inquests by liaising with the court on your behalf, preparing the case and representing you in court. Contact us today.
Time limits vary under the different state and federal laws. In most cases, you need to take legal action within three years of the injury. If your medical negligence claim is for a child, time limits can vary more and differ between states.
The timeline for your medical negligence claim may be shorter or longer depending on the case, so it's best to contact a personal injury lawyer as soon as possible. Extensions of time limits are sometimes possible.
Your medical negligence claim and the legal process may take up to several years, especially if you have to wait for injuries to stabilise.