MonacoMonaco
Call Menu Close
    Search Cross
    Close
    Viewing content for gps Australia
    Contact us
    Monaco
    1300 769 665Contact us
    Search
    Search
      close
      Search
      Close
      Google
      StarStarStarStarStar
      4.8/5 based on 250 reviews on Google
      Viewing content for gps Australia

      What is doctor malpractice?

      Doctor malpractice occurs when a doctor provides treatment that falls below a reasonable standard, and you’re injured as a result.

      If you’ve been affected by doctor malpractice, you may be eligible for compensation. Depending on your case, you could receive a significant lump sum to cover lost wages, medical bills, domestic help, and the ongoing impact of the injury on your life.

      Do I have a doctor malpractice claim?

      There are numerous situations where you might be eligible to sue your doctor for malpractice. Over the years, we’ve handled hundreds of successful doctor malpractice claims. Here are some of the most common we’ve come across:

      • Errors during surgery.
      • Misdiagnosis, delayed diagnosis or failure to diagnose.
      • Incorrect medication prescriptions or failure to prescribe necessary medication.
      • Pregnancy complications, such as not monitoring foetal distress during labour.
      • Inadequate post-operative care or premature discharge of patients.
      • Anaesthesia errors.
      • Improperly inserted implants.
      • Failure to advise of medical risks.
      • Failure to refer to a specialist when required.
      • GP errors, such as not diagnosing a condition or making an appropriate referral.

      These are just a few examples of the doctor malpractice cases we’ve won over the years — there are many other scenarios where you may have grounds to sue.

      If you’re unsure about your eligibility, reach out to one of our specialist doctor malpractice lawyers today. In a free consultation, we’ll assess whether you have a claim and estimate the compensation you may be entitled to.

      Start your free online claim check

      Find out if you’re eligible for a doctor malpractice claim today.

      Check your claim nowIt only takes 2 minutes.

      Sarah wins $750,000 for botched implant removal

      Sarah’s doctor injured her nerve while attempting to remove a contraceptive implant, leaving her unable to work or care for her children.

      The doctor’s persistence during the procedure caused debilitating nerve injury and pain, leading to two unsuccessful follow-up surgeries. Our team consulted with a GP, an occupational therapist, and a rehabilitation specialist to document Sarah’s GP’s mistakes and her ongoing disabilities.

      Faced with our compelling evidence, the insurance company admitted liability and the case was settled in mediation in under 18 months. In the end, we secured $750,000 in compensation for Sarah and her young family.

      Read Sarah’s full story here

      How much can I claim for doctor malpractice?

      The amount you can claim for doctor malpractice varies a lot depending on your case. At the lower end of the scale, some claims settle for between $100,000 to $200,000. While at the higher end, claims can reach $10 million.

      Depending on your situation, you could get compensation to cover:

      • Lost income: both now and in the future, including superannuation.
      • Pain and suffering: how your injury affects you physically and mentally.
      • Care and support: whether from family, friends, or professionals. This also includes if you can’t care for someone who depends on you.
      • Other expenses related to your injury: like medical bills, travel costs, or modifications needed at home or to your car.

      How we can help you

      In your free consultation, chat with one of our expert doctor malpractice lawyers. We’ll assess whether you have a claim, estimate how much compensation you’re entitled to, and explain your chances of success. There’s no pressure to go ahead, but if you do, you’re protected by our No Win No Fee Guarantee.

      Your lawyer will examine your clinical notes and medical history to build a solid case. We might also set up a medical assessment to confirm how your condition has affected you. If this happens, we cover all the costs upfront, and you only pay if we win your case.

      We team up with our network of medical experts to gather strong evidence supporting your claim. This includes expert reports and testimonies that bolster your case.

      Armed with solid evidence, we start court proceedings by filing all the necessary paperwork and swapping evidence with your doctor’s insurer. Your claim then moves to mediation, where your lawyer handles all negotiations to get the highest possible settlement for you.

      Most cases are resolved during mediation, saving you the time, stress, and cost of going to court. But if your case doesn’t settle, we’re ready to take your claim to court and make sure you get the payout you deserve.

      Our No Win No Fee guarantee makes your claim risk-free

      We cover every upfront cost — from legal fees and admin costs to medical tests and expert reports — and there's nothing to pay until we win your claim. If we're unsuccessful, you won't receive a bill from us. It's that straightforward.

      Learn more about our No Win No Fee guarantee

      Proving your doctor malpractice claim

      You’ll need to prove three criteria for a successful doctor malpractice claim:

      Malpractice or negligence can occur through a doctor’s careless action or failure to act. For instance, a negligent act might involve making an error during surgery, while a failure to act could mean not disclosing the risks of a medical procedure to you.

      To determine if there has been a breach of the duty of care, the ‘reasonable standard of care’ test is applied. This test evaluates whether another doctor, faced with the same circumstances, would have acted differently. It takes into account several factors:

      • Whether the doctor adhered to established professional standards and guidelines.
      • Testimony from other doctors in similar fields.
      • The specific details of your case, including the treatment and its context.
      • Your health status, any pre-existing conditions, and the overall treatment plan.

      To prove that the doctor’s breach of duty caused your injury or illness, you need to show two key points:

      1. Your injury or illness directly resulted from the doctor’s action or inaction.
      2. Your injury was a foreseeable consequence of the treatment (or lack of treatment) provided by the doctor.

      You’ll need to demonstrate that you’ve suffered injury and loss, which can include medical bills, lost income, or pain and suffering (how the injury has negatively impacted your life).

      Multiple doctors, hospitals, or medical providers can sometimes share responsibility for negligent treatment. In a free consultation, we’ll carefully assess your case and identify those responsible for your injuries.

      What evidence do I need to sue for doctor malpractice?

      To successfully pursue a malpractice claim against your doctor, it’s crucial to gather strong evidence to support your case. This evidence may include:

      • Initial diagnosis records.
      • Correspondence with your doctor (e.g. emails, letters).
      • Surgical operation reports.
      • Formal allegations of malpractice.
      • Discharge summaries.
      • Proof of injuries caused by the malpractice.
      • Relevant prescriptions.
      • Laboratory test results.

      You don’t need to gather this evidence on your own. We understand that being injured by a doctor can be traumatic, and our lawyers are here to simplify the process for you. We’ll liaise with your doctor and other treating medical professionals to obtain all necessary evidence.

      Additionally, we’ll leverage our network of medical experts to provide independent assessments of your injuries and the doctor’s negligence.

      Frequently asked questions

      You must file your doctor malpractice claim within a specified time limit, which varies depending on the state you reside in and the specifics of your case.

      StateTime limit
      NSW, VIC, SA3 years after discovering your injury.
      QLD, WA3 years from the date of the doctor malpractice.
      ACTFor physical injuries, 3 years from the date of the doctor malpractice.

      For diseases or disorders, 3 years after:
      • Discovering the disease or disorder, and
      • That it was caused by doctor malpractice.

      If you’ve missed the deadline for filing a doctor malpractice claim, you’ll need to petition the court for an exception. The court will consider several factors, including:

      • Whether you had access to legal advice.
      • Any efforts made to seek medical or legal advice.
      • The length of the delay.
      • The severity of your injuries.
      • Any attempts by the doctor to discourage your claim.

      Before proceeding with a delayed claim, it’s crucial to consult a specialist in doctor malpractice. They can identify suitable exceptions and manage the application process on your behalf. Over the years, we’ve successfully resolved numerous delayed claims for our clients.

      For more detailed guidance on time limits and exceptions in doctor malpractice claims, check out our comprehensive guide.

      The duration of your case depends on its complexity and how long it takes for your injuries to stabilise. Generally, doctor malpractice claims are resolved within 12 to 18 months. Once we understand the details of your situation, we can provide a more accurate timeline.

      While you can pursue a doctor malpractice claim independently, we strongly recommend consulting with a specialist lawyer first. A skilled doctor malpractice lawyer will:

      • Evaluate whether you have a claim and estimate the potential compensation you’ll receive.
      • Gather compelling evidence of your doctor’s negligence.
      • Challenge any evidence presented by the doctor’s insurer that undermines your claim.
      • Identify additional claims you may be eligible for, such as Total and Permanent Disability or workers compensation, which often offer more substantial compensation than a malpractice claim alone.
      • Work to maximise your final compensation payout through negotiation and expert advocacy.

      Our doctor malpractice lawyers are experienced in dealing with major healthcare insurers, employing proven negotiation tactics and leveraging expert evidence to secure the compensation you deserve.

      Plus, with our No Win No Fee Guarantee, your claim is risk-free: there are no upfront fees, and you only pay if we successfully resolve your case.

      See more FAQs

      Meet the team

      Our team use their extensive experience to increase your chances of success. We’ve won many awards for our work, including ‘Compensation Law Firm of the Year 2020 GBM Global Awards.’

      Leon Monaco
      Managing Partner
      • English
      • Workers Compensation, Motor Vehicle Accidents, Public Liability, Medical Negligence
      View full bio
      Joanne Baker
      Senior Associate
      • English
      • Medical Negligence
      View full bio
      Sachini Amarasinghe
      Special Counsel
      • English
      • Medical Negligence
      View full bio
      Lucy Tait
      Solicitor
      • English
      • Medical Negligence
      View full bio
      Daphne Zhuang
      Senior Paralegal
      • English, Mandarin
      • Medical Negligence
      View full bio
      Meet more of the team

      Get free legal advice

      Find out if you have a claim today.

      Start your claim checkMake an enquiryCall 1300 769 665
      Google
      4.8/5
      StarStarStarStarStar
      Based on 250 reviews on Google
      Open

      What's on this page

      Close

      What our clients say

      When you walk through our doors, our top priority is to help you as much as we can. This commitment is shown in over 200 5-star reviews.

      Google
      4.8 out of 5
      StarStarStarStarStar
      Based on 250 reviews on Google
      Viewing content for GPS Australia
      Read more reviews
      StarStarStarStarStar

      For anyone facing medical negligence issues, I highly recommend Monaco.

      I contacted Monaco in regard to a complex negligence claim. The team at Monaco were both approachable and professional. Their knowledge and commitment gave me confidence and a strong case, which ultimately led to a successful outcome.

      Google Posted by Jamie Quinn
      Read more
      StarStarStarStarStar

      I am forever thankful! God bless you for being there for me whenever I called.

      Monaco Compensation Lawyers are second to no-one. Anthony and his team were there for me every step of the way. When I got disheartened or down, I would make one phone call to the team at Monaco Solicitors, and they were there for me instantly—reassuring me and consoling me.

      Google Posted by Melissa Hickson
      Read more
      StarStarStarStarStar

      They were always ready to help with paperwork and answer any questions.

      The staff at Monaco solicitors are very respectful, courteous, knowledgeable and professional. They were always able to help me with the paperwork on my case and always available to assist with any questions I had. They explained all the details of the process as it came up. I have no hesitation in recommending them to anyone who has a medical issue.

      Google Posted by Paulina Chapman
      StarStarStarStarStar

      Easy and supportive define my experience with Monaco.

      My experience with Monaco Solicitors has been very rewarding. My solicitor was Lucy, who was so easy to communicate with throughout the process. On mediation, she was so supportive. I certainly would recommend Monaco Solicitors to anyone who feels they may have a potential Medical Negligence claim.

      Google Posted by Carol Dillon
      StarStarStarStarStar

      Thank you for accomplishing so much in such a short time.

      Great communication, empathy and understanding. My case worker Daniella was a saint, understanding and patient and always passing on any updates in record time.

      Google Posted by Danial Anderson
      Read more
      StarStarStarStarStar

      Good result! We had a complicated claim but they got the job done.

      My brothers and I had a complicated claim. I found Ben Ralph to be very helpful, himself and Sally Sutton worked hard for just over a year to get through our claim. They achieved a good result and got the monies paid to myself and my brothers.

      Google Posted by Sarah Pagel
      Read more
      StarStarStarStarStar

      I knew it from the very first phone call: I had found a compassionate law firm.

      Monaco Solicitors, I have no hesitation in recommending Daniella Dababneh and her team. After I suffered a serious workplace accident, I was in need of legal help.

      Google Posted by Scott Holden
      Read more
      StarStarStarStarStar

      They helped me juggle my injury claim and my mum's full-time care.

      I highly recommend Monaco Solicitors. I was claiming PI through my superannuation for workplace injuries. They were doing a no win no fee which was great as I am a carer for my mum and don’t earn much.

      Google Posted by Ellen Smith
      Read more
      StarStarStarStarStar

      Monaco helped me get much more compensation than I expected.

      Monaco Lawyers helped me to receive compensation for an ongoing injury I sustained after I was simply driving home from work and was driven into head on by an incompetent and negligent driver who I believe was texting at the time of the accident.

      Google Posted by Debby McDonald
      Read more
      StarStarStarStarStar

      They gave it their all and the result was even better than expected.

      At all times during this long process, I felt supported by the solicitors and barrister assigned to me. At mediation, it became clear that my team were doing all they could to get the best possible outcome for me. At settlement, they did better than I expected.

      Google Posted by Stafford Ray
      Leon Monaco & team member

      Why choose Monaco?

      Doctor malpractice is one of the most challenging areas of law, so you need a law firm that’s up to that challenge. Our lawyers employ proven legal strategies and specialist medical skill to craft a compelling doctor malpractice case for you.

      We use our broad network of medical experts to collect examinations, reports, testimony, and other essential evidence for your doctor malpractice claim. Strong evidence is crucial to establish liability and the severity of your injuries. Without it, you may not receive the compensation you deserve.

      Named ‘Compensation Law Firm of the Year in Australia 2020’, we have the experience to prove negligence in even the most complex cases.

      Call us today for free legal advice on your doctor malpractice claim. Find out whether you have a claim, how we can assist, and the best strategies to maximise your compensation.

      Speak to one of our friendly lawyers

      Email us 1300 769 665

      Millions won for our clients

      View more case results

      $10 million

      Doctor Malpractice Lawyers
      Medical Negligence

      Hospital pays substantial settlement to father left unable to walk or talk

      Sam was a working father in sound health prior to undergoing surgery. Improper treatment by hospital staff left him unable to speak, walk or swallow. He requires...

      Read more

      $2.5 million

      Doctor Malpractice Lawyers
      Medical Negligence

      Amy wins significant payout for hospital negligence during surgery — despite being warned of the risks

      After a laparoscopic procedure to remove her ovaries and fallopian tubes, Amy* suffered a perforated bowel, leaving her unable to walk or work. We proved that the...

      Read more

      $2.5 million

      Doctor Malpractice Lawyers
      Medical Negligence

      Midwife and hospital staff responsible for child’s chronic illness

      Nadia was diagnosed with Cerebral Palsy at 18 months old. Her mother felt the hospital had been negligent during the birth. We helped prove their negligence and...

      Read more

      $750,000

      Doctor Malpractice Lawyers
      Medical Negligence

      Young mother gets payout for improper GP treatment

      Sarah's doctor injured her nerve while attempting to remove a contraceptive implant. She was unable to work or care for her children. We helped Sarah win a...

      Read more

      $500,000

      Doctor Malpractice Lawyers
      Medical Negligence

      Mary secures settlement for delayed cancer diagnosis in just 8 months

      When doctors repeatedly missed diagnosing Mary’s* breast cancer, we tapped into our network of experts to swiftly secure the compensation she needed for her ongoing care. Mary...

      Read more

      $230,000

      Doctor Malpractice Lawyers
      Medical Negligence

      Client secures out-of-Court settlement for botched surgery

      A botched operation left our client bedridden and in constant pain. She also developed a psychological condition as a result. We proved that the surgeon was liable...

      Read more

      $850,000

      Doctor Malpractice Lawyers
      Medical Negligence

      Both dentist and hospital held responsible for poor surgery aftercare

      Liam was left with a painful infection after an improper tooth extraction. He sought treatment at a hospital, but staff there failed to diagnose his condition. Eventually,...

      Read more

      $550,000

      Doctor Malpractice Lawyers
      Medical Negligence

      Hospital compensates mother after failing to recognise signs of foetal distress

      Sarah lost oxygen to her brain during childbirth. Hospital staff had failed to recognise early signs of foetal distress and Sarah developed foetal hypoxia as a result....

      Read more

      $550,000

      Doctor Malpractice Lawyers
      Medical Negligence

      After Nora’s husband died from bad medical advice, she successfully sued the hospital for her depression

      Nora's husband, Jason, tragically died after a routine colonoscopy. She experienced severe depression after his loss and could not work or care for herself. We helped Nora...

      Read more

      We have the experience you can count on

      98%
      SUCCESS RATE
      25
      YEARS EXPERIENCE
      8,967
      CLAIMS WON
      $650m
      COMPENSATION PAYOUTS

      Hannah's Story

      2:37m watch

      “Monaco got us an upfront payment to ease the financial strain.”

      Get free legal advice

      Use our online claim checker to instantly find out if you have a claim. Alternatively, just give us a ring — our expert lawyers are always ready to answer your questions.

      Start your claim check online Call 1300 769 665 Email us