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      What Are Some Examples of Medical Negligence Payouts in Australia?

      Quick answer

      Medical negligence can deeply affect all areas of your life, which is why payouts can be significant — often reaching hundreds of thousands or even millions. To get a better idea of whether you have a medical negligence claim and what payout you might be entitled to, it’s helpful to review real case examples.

      Below, we share three examples of medical negligence payouts from our recent cases. We’ll also explain the average compensation in Australia and how to calculate the value of your claim.

      If you’d prefer to speak with an expert lawyer right away, just reach out. Our medical negligence team offers free, easy-to-understand advice on the compensation you could receive.

      In depth answer

      Examples of medical negligence payouts in Australia

      Payout example 1: Father wins $10mil after hospital negligence leaves him unable to walk or talk

      Sam was a healthy, working father before a botched surgery changed everything. Improper treatment left him unable to speak, walk, or swallow, requiring 24-hour care from his wife, who had to leave her job to become his full-time carer. Their lives were turned upside down, but they didn’t have to face it alone.

      With the help of our medical experts, we proved Sam’s injuries were caused by medical negligence. Despite the hospital’s tough defence, we fought hard and negotiated a $10 million payout during mediation. This medical negligence compensation now ensures Sam can live comfortably and provides financial security for his family.

      You can read Sam’s full story here.

      Payout example 2: Amy gets $2.5mil payout for hospital negligence — despite being warned of the risk

      After a laparoscopic procedure to remove her ovaries and fallopian tubes, Amy suffered a perforated bowel that left her unable to walk or work. Although the hospital warned her of the risk, our medical experts proved they failed to take proper precautions and monitor her during surgery, leading to follow-up surgeries, permanent bowel function impairment, and psychological trauma. Amy now requires daily care and cannot return to work.

      Despite the hospital denying responsibility, we filed a claim in the Supreme Court of Melbourne and presented strong evidence from our national network of experts. This resulted in a $2.5 million medical negligence compensation payout for Amy, covering her care needs and part of her legal fees.

      You can read Amy’s full story here.

      Payout example 3: Esther secures $1.5mil after hospital failed to find cancer

      Esther went to a public hospital with groin pain and had ultrasounds and x-rays, but the hospital missed a suspicious mass, leading to a delayed diagnosis of rare, aggressive cancer. This negligence caused Esther to undergo extensive treatment and suffer long-term health effects.

      We built her case by showing that the hospital failed in its duty of care, worsening Esther’s prognosis and increasing her suffering. With evidence from other medical institutions, we proved that a more thorough investigation would have caught the issue sooner. Our team also used expert testimony to link her extensive treatment to the hospital’s negligence, ultimately securing a $1.5 million settlement to cover her medical expenses, lost wages, and future costs.

      You can read Esther’s full story here.

      What is the average medical negligence payout?

      The average medical negligence payout in Australia is anywhere from $400,000 to $600,000, depending on which state you’re in. However, as you’ve seen, many of our clients receive millions more.

      The exact amount of compensation you get is influenced by many factors, including:

      • Your age.
      • What you earned before the injury.
      • Whether you can go back to work (and your potential future earnings).
      • How severe your injury is.
      • If your injury causes long-term issues.

      How is my medical negligence payout calculated?

      Your compensation is calculated by looking at both the actual costs of your injury (economic loss) and the impact it has had on your life (non-economic loss).

      Economic loss covers things like:

      • Lost income (past and future).
      • Medical treatment.
      • Professional care.
      • Legal fees.

      Non-economic loss compensates for:

      • Pain and suffering.
      • Loss of opportunity.
      • Loss of ability to care for someone dependent on you.

      To learn more about how your payout is calculated, head to our medical negligence payout guide or get in touch today. Our lawyers are always ready to listen to your situation and provide a free compensation estimate.

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