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      What is medical negligence?

      Medical negligence — sometimes called medical malpractice — happens when a doctor, hospital, or healthcare provider delivers care that falls below an acceptable standard, and you’re harmed because of it.

      If you’re dealing with the effects of poor medical treatment, it’s completely normal to feel confused or overwhelmed. That’s where we come in.

      Our experienced medical negligence lawyers in Adelaide have helped thousands of people stand up to healthcare providers and get the compensation they deserve.

      In a free consultation, we’ll take the time to understand your situation, explain your options, and guide you every step of the way. And with an office right in the Adelaide CBD, it’s never been easier to get expert legal help.

      Common examples of medical negligence

      Some of the most common types of medical negligence in South Australia include:

      • Pregnancy complications, birth defects or birth injuries.
      • Paediatrics and gynaecology errors.
      • Failure to advise of medical risks.
      • Insufficient pre- or post-operative care.

      Don’t see your situation listed? That’s okay — this isn’t an exhaustive list. If you’ve been hurt due to a medical mistake, poor treatment, or any kind of negligence, you could still have a claim.

      Get in touch with our medical malpractice lawyers in Adelaide, and we’ll explain whether your situation qualifies — free of charge.

      Start your free online claim check

      Find out if you’re eligible for medical negligence compensation today.

      Check your claim nowIt only takes 2 minutes.

      How to find a medical negligence lawyer in Adelaide

      You’ll find us right in the heart of Adelaide, so it’s never been easier to access expert legal help when you need it.

      Prefer to stay home? No problem — we offer phone and video appointments. And if you’re unable to travel, one of our lawyers can come to you.

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      Proving medical negligence in Adelaide and SA

      To prove a medical negligence case in South Australia, you’ll need to show four things:

      To start a medical negligence claim, you’ll need to show that the healthcare provider had a legal duty to care for you. This is called a ‘duty of care’. It simply means they were responsible for your safety and well-being while treating you. In most situations, this is easy to prove — if you saw a doctor, nurse, dentist, or visited a hospital, they almost certainly had a duty to look after you.

      Next, you’ll need to show that the treatment you received wasn’t up to scratch. In other words, the care fell below the standard you should reasonably expect. If no other healthcare professional in the same situation would have acted the same way — or failed to act — then it’s likely that standard was breached.

      You’ll also need to prove that your injury or condition was directly caused by the medical provider’s actions — or their failure to act. It’s not enough that the treatment was substandard; there has to be a clear link between what happened and the harm you’ve experienced.

      This covers things like lost wages, treatment costs, and pain and suffering — essentially, any way your injury has affected your daily life, health, or finances.

      Medical negligence claims can be complex — not every poor outcome means negligence has occurred. Just because a treatment didn’t go as expected or caused complications doesn’t automatically mean the healthcare provider was at fault. That’s why you need a lawyer who understands both the legal and medical aspects. With the right expertise, they can carefully examine the details and show when a healthcare professional has failed in their duty of care.

      How much compensation will I receive?

      There’s no set average payout for medical negligence claims in South Australia — every case is unique. The amount you receive depends on factors like the severity of your injury and how it’s impacted your life.

      For less serious injuries, settlements often range between $100,000 and $200,000. But in cases involving severe negligence and lifelong disabilities, compensation can exceed $10 million.

      It’s also important to remember that compensation covers more than just financial losses. You may be entitled to damages for the broader effects your injury has had on your life, including:

      • Lost income: wages you’ve already missed, plus future earnings and superannuation.
      • Care and support: costs for professional help or assistance from family and friends — including if you’re no longer able to care for someone who depends on you.
      • Other costs related to your injury: medical bills, travel costs, and modifications to your home or vehicle because of your injury.
      • Non-economic losses: compensation for the physical and emotional impact of your injury. Unlike other types of compensation, this isn’t a fixed amount and can result in a significant lump sum.

      In South Australia, to be eligible for non-economic loss compensation, you need to meet one of two conditions:

      • Your injury must have significantly affected your life for at least 7 days, or
      • Your medical expenses must have reached the minimum threshold (currently $7,440 as of 2024).

      Once that’s met, an independent medical expert will assess your injury and assign you an Injury Scale Value (ISV) between 0 and 60. An ISV of 0 means no compensation is awarded, while 60 reflects the most severe injuries — with a maximum payout of $478,500 (adjusted annually for inflation). Your exact compensation will depend on where your injury falls on that scale.

      Our experienced South Australian medical negligence lawyers have helped many clients challenge unfair ISV assessments. If we believe your rating doesn’t truly reflect the impact of your injury, we’ll arrange an independent reassessment with one of our trusted medical experts.

      How much will my medical negligence claim cost?

      A lot of people put off making a medical negligence claim because they’re worried about the cost. But at Monaco, we believe everyone deserves access to justice — no matter their financial situation. That’s why we offer a genuine No Win No Fee guarantee for all medical negligence cases in South Australia.

      We’ll cover all the upfront costs, and you won’t pay us a cent unless we win your claim. If your case isn’t successful, you’ll owe us nothing.

      Here’s what makes us different from most law firms in Adelaide:

      • We cover every cost: not just legal fees, but expert reports, admin costs, court filing fees — the lot.
      • No surprise bills: other firms might still charge you for out-of-pocket expenses if you lose. We don’t.
      • Lower fees if we win: our fees are capped at 30% of your payout — much lower than the 50% some firms take.
      • You keep more compensation: in most cases, we recover our fees from the other side, so you keep more (if not all) of your compensation.

      Wondering exactly what it would cost to make a claim? Reach out to our Adelaide medical negligence lawyers for a free consultation today.

      How to make a medical negligence claim in Adelaide

      During your free consultation, you’ll talk directly with one of our medical negligence specialists, whether you’re in Adelaide or elsewhere in South Australia. We’ll take the time to listen to your story and explain your legal rights in clear, straightforward terms.

      If you choose to move forward, the same lawyer you speak with will probably manage your case from beginning to end — providing consistent support and expert guidance every step of the way.

      Your lawyer will start by thoroughly reviewing your clinical records and medical history to build a solid case. In some situations, we may bring in one of our trusted medical experts to evaluate your condition. If that happens, we cover all the costs — and you won’t pay a thing unless we win your claim.

      At this stage, we’ll also send an initial notice to your medical professional and any other potential defendants, requesting a copy of their full records.

      We collaborate with a network of trusted medical professionals — ranging from GPs and surgeons to liability experts — to obtain thorough reports and vital evidence that support your claim. If your injury impacts your ability to work or limits your hours, we also bring in vocational specialists to evaluate how your condition affects your current and future employment prospects.

      Once we have solid expert evidence, we’ll engage in all the required pre-court procedures, including drafting a pre-action claim and engaging in a pre-action meeting (also known as a ‘settlement conference’).

      The majority of cases resolve through the settlement conference, rather than going to court. During this process, your medical negligence lawyer manages all negotiations to get you the best possible result. Our thorough preparation and expertise truly shine here. If a settlement can’t be reached, your lawyer will walk you through the next steps and start the process of filing your claim in court.

      Meet our medical negligence lawyers

      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.’

      Sachini Amarasinghe
      Special Counsel
      • English
      • Medical Negligence
      View full bio
      Iain Miller
      Senior Associate
      • English
      • Medical Negligence
      View full bio
      Byron Dickson
      Associate
      • English
      • Medical Negligence
      View full bio
      Leon Monaco
      Managing Partner
      • English, Russian
      • Workers Compensation, TPD, Motor Vehicle Accidents, Public Liability
      View full bio
      Meet more of the team

      Frequently asked questions

      You can file a medical negligence claim against any registered medical professional or healthcare facility in South Australia. This covers a wide range of providers, including:

      • Hospitals.
      • Surgeons.
      • General Practitioners (GPs).
      • Specialists.
      • Nurses.
      • Dentists.
      • Oncologists.
      • Radiologists.
      • Pharmacists.
      • Midwives.

      If you’re unsure whether your medical provider is registered, you can look them up on the national online register maintained by the Australian Health Practitioner Regulation Agency (AHPRA).

      The timeline for a medical negligence case varies depending on your specific circumstances, including the complexity of your claim and how long it takes for your condition to stabilise. On average, most claims take between 12 and 18 months to resolve.

      Our medical negligence lawyers in Adelaide bring decades of experience handling these cases. We know how insurers operate and are familiar with the common tactics they use to stall settlements. By spotting these early and preparing strong evidence to counter them, we work hard to secure your compensation as quickly as possible.

      If you want a better idea of how long your claim might take, get in touch with a medical malpractice lawyer in Adelaide. Once we understand your situation, we can provide a more precise timeline.

      In South Australia, strict time limits apply to medical negligence claims, often called the ‘statute of limitations.’ Missing these deadlines can mean losing your right to compensation. Typically, you have three years from the date you first knew—or should have known—that your injury was caused by medical negligence.

      That said, there are important exceptions to these rules. So, even if you think you might be outside the time frame, don’t assume it’s too late. Reach out to an experienced medical malpractice lawyer in Adelaide as soon as possible. We’ve successfully handled many delayed claims and are here to help you, too.

      If the death of a loved one has seriously affected your finances, mental health, or everyday life in South Australia, you may be eligible for compensation. There are three main types of claims you might be able to make:

      1. Dependency claims: for family members who relied financially on the person who passed away, such as spouses or children.
      2. Nervous shock claims: for those who develop a psychiatric illness as a result of the death.
      3. Loss of services claims: for the unpaid care or household help the deceased used to provide.

      These claims can offer important financial support during a difficult time. We’ll explain each type in more detail below.

      If your loved one’s death was caused by negligence, contact our medical malpractice lawyers in Adelaide. We’re here to guide you through your options and the claims process, with a free, no-obligation consultation.

      Dependency claims

      You can make a dependency claim if you relied financially on the person who passed away — meaning you depended on their income to help with everyday costs.

      Usually, close family members like spouses, de facto partners, children, parents, and siblings qualify as dependants. But sometimes, other relatives or even non-family members who were financially supported by the deceased may also be eligible.

      How much compensation can you receive?

      That depends on things like:

      • Your age.
      • Your relationship to the deceased.
      • The deceased’s income before they died.
      • How much financial support they provided for your living expenses.
      • Future costs you might face, such as education or ongoing care.

      Ultimately, the compensation is designed to replace the financial support you would have continued to receive if your loved one were still here.

      Nervous shock claims

      If the loss of a loved one has caused you to develop a diagnosed psychiatric condition — like anxiety, depression, or PTSD — you might be eligible to make a nervous shock claim.

      It’s important to note that claims based on grief or distress alone won’t qualify; you need a formal psychiatric diagnosis to be eligible.

      How much compensation can you receive?

      It may include:

      • Costs for medical treatment related to your condition.
      • Income you’ve lost because of your illness.
      • Compensation for the pain and suffering caused by the loss of your loved one.

      Loss of services claims

      If your loved one used to help with unpaid tasks—like cooking, cleaning, childcare, or school runs — known as ‘gratuitous services’ — you may be able to claim compensation for losing that support.

      How is compensation calculated?

      Since these are unpaid duties, it’s not always straightforward. Courts usually look at things like:

      • The deceased’s skills or profession.
      • How much time they spent providing these services.
      • The impact of losing this help on you and how it has increased the responsibilities for others in your family.

      Most cases don’t actually make it to court. Before any hearing, both sides must meet to try and work out a settlement. Thanks to this process, about 95% of claims are settled without going to trial. But if your case does end up in court, you can count on us to stand by your side and see it through to the very end.

      Medical negligence cases are extremely complicated, involving both medical and legal expertise to build a strong claim. A specialist lawyer will help you understand what went wrong with your treatment, whether negligence occurred, and the best approach to maximise your compensation.

      When you work with our experienced medical malpractice lawyers in Adelaide, they will:

      • Evaluate the strength and potential value of your claim.
      • Collect solid evidence showing the healthcare provider’s negligence.
      • Scrutinise the insurer’s medical and other evidence.
      • Advise you on your options if the insurer’s offer isn’t fair.
      • Identify any additional claims that could boost your compensation.
      • Fight hard to secure the highest payout possible for you.

      Having handled thousands of successful medical negligence claims, we know how to challenge big healthcare insurers and what evidence is needed to prove malpractice. Plus, with our No Win No Fee Guarantee, there are no upfront costs — you only pay if we win your case.

      Alongside your medical negligence claim, you might also be able to claim extra compensation through your superannuation. What you can access depends on your specific super policy, but common options include:

      Super policies vary a lot, so it can be hard to know exactly what you’re entitled to. To find out what you can claim, get in touch with our Adelaide medical negligence lawyers. We’ll carefully review your policy, explain your entitlements clearly, and help you claim every dollar you deserve.

      See more FAQs

      Get free legal advice

      Find out if you have a claim today.

      Start your claim checkMake an enquiryCall 1300 769 665
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      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.

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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.

      Google Posted by Jamie Quinn
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      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.

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      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
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      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
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      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
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      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.

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      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.

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      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
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      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.

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      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

      What makes us the best medical negligence lawyers in Adelaide?

      Medical negligence cases are extremely complex, so you need a law firm with the experience to handle every detail. Our specialist Adelaide medical negligence lawyers bring together strong legal expertise and in-depth medical knowledge to build a powerful case and fight for the compensation you deserve.

      We work closely with a trusted network of independent medical experts throughout South Australia who provide thorough assessments, detailed reports, and expert testimony to back your claim.

      Recognised as Australia’s ‘Compensation Law Firm of the Year 2020,’ we have the proven experience and skill to take on even the most challenging medical negligence cases.

      Get in touch with our medical negligence lawyers today for a free, comprehensive consultation. We’ll listen to your story, explain how we can support you, and outline the best strategy to help maximise your compensation.

      Speak to one of our friendly lawyers

      Email us 1300 769 665

      Medical negligence payouts

      View more case results

      $10 million

      Medical Negligence Lawyers in Adelaide & South Australia
      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...

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      $2.5 million

      Medical Negligence Lawyers in Adelaide & South Australia
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      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...

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      $2.5 million

      Medical Negligence Lawyers in Adelaide & South Australia
      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...

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      $1.5 million

      Medical Negligence Lawyers in Adelaide & South Australia
      Medical Negligence

      Esther wins $1.5mil settlement after hospital fails to find cancer

      When Esther* went to a public hospital with groin pain, she underwent ultrasounds and x-rays, but the hospital failed to identify a suspicious mass. This negligence led...

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      $750,000

      Medical Negligence Lawyers in Adelaide & South Australia
      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...

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      $500,000

      Medical Negligence Lawyers in Adelaide & South Australia
      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

      Medical Negligence Lawyers in Adelaide & South Australia
      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

      Medical Negligence Lawyers in Adelaide & South Australia
      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,...

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      $550,000

      Medical Negligence Lawyers in Adelaide & South Australia
      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....

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      $550,000

      Medical Negligence Lawyers in Adelaide & South Australia
      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...

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