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What is hospital negligence?

Hospital negligence occurs when a hospital or its staff provide treatment that falls below a reasonable standard, and you’re injured as a result.

If you’ve suffered due to hospital negligence, you may be entitled to sue for compensation. Depending on the specifics of your case, you could receive a substantial lump sum payment to cover lost wages, medical bills, domestic help, and the ongoing impact of the injury on your life.

Can I sue for hospital negligence?

There are many situations where you may be eligible to sue for hospital negligence. Over the years, we’ve successfully handled hundreds of hospital negligence claims. Here are just some of the most common cases we’ve encountered:

  • Errors during surgery.
  • Misdiagnosis, delayed diagnosis or failure to diagnose.
  • Failure to prescribe medication or prescribing the wrong medication.
  • Pregnancy complications, such as failing to monitor foetal distress during labour.
  • Anaesthesia errors.
  • Premature discharge of patients.
  • Inadequate post-operative care.
  • Failure to advise of medical risks.
  • Failure to refer to a specialist when required.

These are just a few examples of hospital negligence cases we’ve won. There are many other situations where you may have grounds to claim.

If you’re unsure about your eligibility, contact one of our specialist hospital negligence lawyers today. During a free consultation, we’ll assess whether you have a claim and estimate the compensation you may be entitled to.

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Sam wins $10 million for improper treatment during surgery

Sam was a working father in sound health before undergoing surgery. Improper treatment by hospital staff left him unable to speak, walk or swallow. He now requires 24-hour care from his wife.

Though the hospital fought hard against the allegations, we used our national network of medical experts to prove that Sam’s injuries were caused by the hospital’s negligence. In the end, we successfully negotiated a $10 million settlement for Sam and his family. The considerable compensation allows Sam to live in relative comfort for the rest of his life.

Read Sam’s full story here

How much can I claim for hospital negligence?

The amount of compensation you can claim for hospital negligence varies greatly depending on the specifics of your case. While some claims range from $100,000 to $200,000, others result in over $10 million in compensation.

Depending on your circumstances, you may receive compensation for:

  • Lost income: both current and future, including superannuation.
  • Pain and suffering: accounting for the physical and mental impact of your injury.
  • Care and support: whether from family, friends, or professional caregivers. This includes if you're unable to care for your dependents.
  • Other expenses related to your injury: such as medical bills, travel costs, or necessary modifications to your home or vehicle.

How we can help you

During your free consultation, you’ll discuss your case with one of our expert hospital negligence lawyers. We’ll evaluate the viability of your claim, estimate potential compensation, and outline your chances of success. There’s no obligation to proceed, but if you do, you’re protected by our No Win No Fee Guarantee.

Your lawyer will review your clinical notes and medical history to build a robust case. We may also arrange for a medical assessment to confirm your condition and its impact on your life. We cover all these upfront costs and you only pay if we win your case.

Working closely with our network of medical professionals, we gather compelling evidence to support your claim. This includes expert reports and testimonies that strengthen your case.

With strong expert evidence in hand, we initiate court proceedings by filing all necessary documents and exchanging evidence with the hospital’s insurer. Your claim then proceeds to mediation, where our lawyers negotiate maximum compensation for you.

Most cases are resolved during mediation without going to court. If your case doesn’t settle at mediation, we’re prepared to advocate for you in court to ensure you receive the compensation you deserve.

No Win No Fee keeps your claim risk-free

We’re proud to offer a genuine No Win No Fee guarantee for all hospital negligence claims. That means we cover all upfront costs — including legal fees, medical tests, and expert reports — and you won't pay anything unless we win your claim. If we're unsuccessful, you'll never receive a bill from us. It’s that simple.

Learn more about our No Win No Fee guarantee

Proving your hospital negligence claim

You’ll need to prove three criteria for a successful hospital negligence claim:

Negligence can happen through either a careless action or a failure to act. A negligent act might involve a mistake during surgery, while a failure to act could include not informing you about the risks of a medical procedure.

To determine if there’s been a breach of duty of care, the ‘reasonable standard of care’ test is used. This assesses whether another hospital, under the same circumstances, would have acted differently.

Several factors are considered in this test:

  • Whether the hospital followed established professional standards and guidelines.
  • Testimony from staff in other hospitals.
  • The specifics of your case, including the treatment and its context.
  • Your health, pre-existing conditions, and overall treatment plan.

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

  • Your injury or illness directly resulted from the hospital’s action or inaction.
  • Your injury was a ‘reasonably foreseeable’ consequence of the treatment (or lack of treatment) provided by the hospital.

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

Importantly, multiple hospitals or medical providers can sometimes be responsible for negligent treatment. During a free consultation, we will thoroughly review your situation and advise you on who may be responsible for your injuries.

What evidence do I need to sue for hospital negligence?

To successfully sue a hospital for negligence, you’ll need to compile strong evidence to support your claim. This may include:

  • Initial diagnosis records.
  • Surgical operation reports.
  • Formal allegations of negligence.
  • Emails and other correspondence with the hospital.
  • Laboratory test results.
  • Discharge summaries.
  • Relevant prescriptions.
  • The hospital's responses to your allegations.

Importantly, you’re not expected to gather this evidence yourself. We understand that being injured in a hospital can be extremely traumatic, and our lawyers are here to simplify the claims process for you. We’ll reach out to hospital admin staff and your treating medical professionals to obtain all necessary evidence. Additionally, we’ll use our national network of medical experts to provide independent evidence of your injuries and the hospital’s negligence.

Frequently asked questions

Generally speaking, hospitals are liable for all negligent full-time, part-time and casual staff. However, they will often try to distance themselves legally from emergency care workers or other independent contractors. Despite this, there are certain situations where a hospital can still be held liable for the negligent or incompetent actions of these workers.

In particular, hospitals can be held responsible for an independent contractor’s negligence if the hospital fails to:

  • Properly train employees and provide adequate supervision.
  • Verify an employee’s credentials and ensure employees maintain their credentials.
  • Prevent medication errors such as mislabelling.
  • Address employee-related problems promptly.
  • Dismiss employees who have caused problems in the past.
  • Maintain a sufficient number of medical staff on each shift.
  • Protect patient confidentiality.

You must submit your hospital negligence claim within a set time limit. The exact limit depends on the state you’re in and the circumstances of your claim.

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

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

If you’ve missed the time limit for filing a hospital negligence claim, you’ll need to apply to the court for an exception. The court considers several factors to determine eligibility, including:

  • Whether you had access to legal advice.
  • Any efforts made to seek medical or legal advice.
  • Duration of the delay in filing.
  • The severity of your injuries.
  • Whether the hospital or its staff tried to discourage your claim.

Before pursuing a delayed claim, we strongly advise consulting a hospital negligence specialist. They can identify suitable exceptions and handle the application process on your behalf. We have successfully resolved numerous delayed claims for hospital negligence clients over the years.

For detailed information on time limits and exceptions in hospital negligence claims, refer to our complete guide.

The length of your case hinges on its complexity and how long your injuries take to stabilise. Typically, hospital negligence claims are resolved within 12 to 18 months.

Once we know the specifics of your situation, we’ll be able to give you a more precise timeline.

While you can make a hospital negligence claim independently, we strongly advise speaking to a specialist lawyer before starting.

A skilled hospital negligence lawyer will:

  • Assess whether you have a claim and estimate your potential compensation.
  • Compile compelling evidence demonstrating the hospital and its staff’s negligence.
  • Contest any evidence presented by the hospital’s insurer.
  • Identify all your additional claims, including Total and Permanent Disability or workers compensation, which are often worth more than your hospital negligence claim alone.
  • Maximise your final compensation payout.

Our hospital negligence lawyers are trained to take on major healthcare insurers, using proven negotiation strategies and expert evidence to secure the compensation you deserve.

Plus, with our No Win No Fee Guarantee, your claim is completely risk-free. There are no upfront fees and you only pay if we win your case.

See more FAQs

Sarah wins $550,000 for hospital negligence during childbirth

During childbirth, hospital staff failed to recognise early signs of foetal distress and Sarah developed foetal hypoxia as a result. Though she was clinically dead for approximately ten minutes, Sarah now only exhibits minor intellectual symptoms.

We used extensive evidence from our medical experts to prove that the hospital staff had reacted inadequately to Sarah’s difficult labour.

Sarah’s claim was resolved shortly after mediation for the sum of $550,000. An additional allowance of $185,000 was made for part of Sarah’s legal fees.

Read Sarah’s full story here

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
Joanne Baker
Senior Associate
  • English
  • Medical Negligence
Sachini Amarasinghe
Special Counsel
  • English
  • Medical Negligence
Lucy Tait
  • English
  • Medical Negligence
Daphne Zhuang
Senior Paralegal
  • English, Mandarin
  • Medical Negligence
Meet more of the team

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.

4.8 out of 5
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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.


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.


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

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

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.


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.


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.


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.


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.


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?

Hospital negligence is a highly complex area of law, so you need a law firm that’s up to the challenge. Our lawyers leverage proven legal strategies and specialised medical knowledge to build you a compelling hospital negligence case.

We have a wide network of medical experts who provide independent examinations, reports, and testimony to strengthen your hospital negligence claim. Without solid evidence, you might miss out on the full compensation you deserve.

Named ‘Compensation Law Firm of the Year in Australia 2020’, we’re leaders in the field, known for handling even the toughest cases.

Give us a call today for free, comprehensive legal advice. Find out where you stand, how we can help with your claim, and the best way to maximise your payout.

Speak to one of our friendly lawyers

Millions won for our clients

View more case results

$10 million

Hospital Negligence 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

Hospital Negligence 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

Hospital Negligence 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


Hospital Negligence 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


Hospital Negligence 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


Hospital Negligence 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


Hospital Negligence 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


Hospital Negligence 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


Hannah's Story

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

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