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      What is medical negligence?

      When medical treatment goes wrong, the impact can be life-changing. Maybe a doctor missed something serious, a hospital made a mistake, or your care just wasn’t up to standard — and now you’re left dealing with the consequences.

      If that sounds familiar, you’re not alone. Medical negligence (also known as medical malpractice) happens more often than people think, and it can be hard to know where to turn. That’s where we come in.

      Our Canberra medical negligence lawyers have helped thousands of people take on healthcare providers and win the compensation they deserve.

      Your first consultation is free, and there’s no pressure to go ahead with your claim after this. It’s just a clear, honest conversation about your situation and how our lawyers can help.

      Common examples of medical negligence

      We’ve spent more than 25 years helping people get compensation after being let down by the medical system. In our experience, some of the most common examples of medical negligence claims in Canberra 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 above? That’s completely fine — these are just some of the more common examples. Medical negligence can take many more forms, and even if your experience doesn’t fit neatly into a category, you could still have a valid claim.

      Reach out to our medical malpractice lawyers in Canberra for a free chat. We’ll listen to what’s happened, explain your options clearly, and let you know if you have a case.

      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 Canberra

      Our office is located in the heart of Canberra, so getting expert legal help is simple and convenient.

      Prefer to stay home? We also offer phone and video appointments to suit your schedule. And if you’re unable to travel, we can arrange for one of our lawyers to come to you.

      Retrieving locations...

      Proving medical negligence in Canberra

      To prove your medical negligence claim in Canberra, you’ll generally need to establish four main things:

      To kick off a medical negligence claim, the first step is to show that the healthcare provider owed you what’s called a duty of care. This just means they were legally responsible for your safety and well-being while treating you.

      In most cases, this part is straightforward. If you saw a doctor, nurse, dentist, or received care at a hospital, then they almost certainly had a duty to look after you.

      Next, you’ll need to show that the care you received fell below the standard a reasonably competent healthcare professional would have provided in the same situation.

      Essentially, if no other doctor, nurse, or specialist would have done the same thing — or failed to act the way they did — then it’s likely that the standard of care was breached.

      You’ll also need to show that the harm you suffered was directly caused by the medical provider’s actions — or their failure to act. It’s not enough to prove that the treatment was below standard; there has to be a clear connection between that poor care and the injury or condition you’re now dealing with. Without that link, your medical negligence claim usually won’t succeed.

      This includes things like lost income, medical and rehab costs, and compensation for your pain, suffering, or reduced quality of life.

      Medical negligence claims are notoriously complex — and it’s important to know that not every bad outcome is the result of negligence. Sometimes treatments don’t go as planned or come with unavoidable risks, even when the care was appropriate.

      That’s why having an experienced lawyer matters. You need someone who understands both the legal and medical sides of your case. With the right expertise, they can dig into the details and pinpoint whether your provider genuinely failed in their duty of care.

      How much compensation will I receive?

      There’s no average payout when it comes to medical negligence claims in Canberra — every case is different. The amount of compensation depends on things like how serious your injury is and the impact it’s had on your life.

      For less severe injuries, payouts often fall between $100,000 and $200,000. But in cases involving major negligence and permanent, life-altering injuries, compensation can exceed $10 million.

      It’s also worth knowing that compensation isn’t just about covering your out-of-pocket expenses. You may be entitled to damages for a wide range of losses, including:

      • Lost income: wages you’ve already lost because of your injury, plus future earnings and super contributions.
      • Care and support: costs for professional help or support from family and friends — including situations where you can no longer care for someone who relies on you.
      • Other costs related to your injury: medical bills, travel costs, rehab, and any changes you’ve had to make to your home or vehicle because of your injury.
      • Non-economic losses: this covers the pain, suffering, and overall impact the injury has had on your quality of life.

      In Canberra, there is no cap on the amount of compensation you can receive for non-economic loss. Unlike in other parts of Australia, you also don’t need to meet a minimum impairment threshold to claim.

      Your exact compensation for non-economic loss is based on how the injury has affected your daily life. The court will also consider past decisions in similar cases to help guide the amount.

      If we believe the court has underestimated the impact of your condition, our experienced Canberra medical negligence lawyers will step in. They’ll challenge the decision on your behalf and arrange an independent reassessment with our trusted medical experts. Over the years, we’ve helped many clients successfully contest unfair court assessments and secure the compensation they deserve.

      How long do I have to start my claim?

      In Canberra, strict time limits apply to all medical negligence claims — and missing these deadlines can mean losing your right to compensation.

      Usually, the time limit depends on the type of injury:

      • For physical injuries: you have three years from the day you were injured to start legal action.
      • For diseases or mental health conditions: you have three years from the day you became aware of the condition and that it was caused by medical negligence.

      There are important exceptions to these rules, so even if you think you’re outside the time frame, don’t assume it’s too late. Contact an experienced medical malpractice lawyer in Canberra as soon as possible. We’ve helped many people with delayed claims and can guide you through your options.

      How to make a medical negligence claim in Canberra

      During your free consultation, you’ll speak directly with one of our medical negligence lawyers in Canberra. We’ll take the time to listen to your story and explain your legal rights clearly and simply.

      If you decide to proceed, the same lawyer you meet with will likely handle your case from start to finish. This ensures you get consistent support and expert guidance throughout the entire process.

      Your lawyer will dig into your medical records and history to get a clear picture of your case. If needed, we’ll bring in one of our trusted medical experts to provide a detailed assessment of your injury — and don’t worry, we cover all those costs. Plus, with our No Win No Fee guarantee, you won’t pay a cent unless we win your claim.

      We work closely with a team of trusted medical professionals — including GPs, surgeons, and liability experts — to gather detailed reports and crucial evidence to back up your claim. If your injury affects your ability to work or reduces your hours, we also involve vocational specialists who assess how your condition impacts your job now and in the future.

      After gathering strong expert evidence, we start court proceedings by submitting all necessary documents and sharing the evidence with the medical professional’s insurer. From there, your case moves to mediation, where our lawyers negotiate confidently and strategically to secure the best possible compensation for you.

      Most medical negligence cases are settled through mediation, avoiding the need for a court trial. During mediation, your lawyer handles all negotiations, working hard to get you the best possible outcome. This is where our careful preparation and expertise really make a difference. If a settlement isn’t possible, your lawyer will guide you through the next steps and support you in making informed decisions about how to proceed.

      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 Canberra or the wider ACT. This includes a broad range of providers, such as:

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

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

      Or just get in touch with a medical negligence lawyer in Canberra — we’re happy to check for you.

      The timeline for a medical negligence case can vary depending on your unique situation, including how complex your claim is and how long it takes for your condition to stabilise. Generally, most cases take around 12 to 18 months to reach a resolution.

      Our medical negligence lawyers in Canberra have decades of experience handling these claims. We understand how insurers work and the common tactics they use to delay settlements. By identifying these early and preparing solid evidence to counter them, we strive to get your compensation as quickly as possible.

      If you want a clearer idea of how long your claim might take, reach out to a medical malpractice lawyer in Canberra. Once we know more about your case, we can give you a more accurate timeline.

      Many people hesitate to make a medical negligence claim because they worry about the cost. But at Monaco, we believe everyone should have access to justice — no matter their financial situation. That’s why we offer a true No Win No Fee guarantee for all medical negligence claims in Canberra.

      We cover all the upfront expenses, and you won’t pay a cent unless we win your claim. Here’s what makes our No Win No Fee guarantee stand out from most firms in Canberra:

      • We cover every upfront expense: not just our own legal fees, but expert reports, admin costs, court filing fees — everything required to build your claim.
      • No surprise bills: unlike other firms that might charge you out-of-pocket expenses if you lose, our No Win No Fee guarantee includes every single cost.
      • Lower fees if we win: our fees are capped at 30% of your payout — much less than the 50% some firms take.
      • You keep more: in most cases, we recover our fees from the other side, so you get to keep more of your compensation.

      Want to know exactly what it would cost to make a claim? Contact our Canberra lawyers for a free consultation today.

      Losing a loved one can have a huge impact on your finances, mental health, and daily life. If their death was caused by negligence, you might be entitled to compensation through one of three main types of claims:

      1. Dependency claims: for family members who depended financially on the person who passed away, like spouses or children.
      2. Nervous shock claims: for those who develop a psychiatric illness as a result of the loss.
      3. Loss of services claims: for the unpaid care or household help the deceased provided.

      These claims can provide vital financial support during a tough time. We’ll walk you through each type in more detail below.

      If you believe negligence played a part in your loved one’s death, reach out to our medical malpractice lawyers in Canberra. We’re here to help you understand your options and guide you through the process — completely free of charge.

      Dependency claims

      You can make a dependency claim if you relied financially on the person who passed away — meaning their income helped cover your everyday expenses.

      Typically, close family members like spouses, de facto partners, children, parents, and siblings qualify as dependants. However, in some cases, 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 factors such as:

      • Your age.
      • Your relationship to the deceased.
      • The deceased’s income before they passed away.
      • The amount of financial support they provided for your living expenses.
      • Future costs you might face, like education or ongoing care.

      Ultimately, the compensation is meant 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 led to a diagnosed psychiatric condition — such as anxiety, depression, or PTSD — you may be eligible to make a nervous shock claim.

      It’s important to understand that claims based solely on grief or distress won’t qualify; a formal psychiatric diagnosis is required to be eligible.

      How much compensation can you receive?

      It may cover:

      • The cost of your medical treatment.
      • Lost income due to your condition.
      • Compensation for the pain and suffering caused by your loss.

      Loss of services claims

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

      How is compensation calculated?

      Because these services weren’t paid, calculating compensation can be complex. Courts typically consider factors such as:

      • The deceased’s skills or profession.
      • The amount of time they spent providing these services.
      • How losing this support has affected you and increased responsibilities for others in your family.

      Most cases never reach court. Before a hearing, both parties are required to meet and try to reach a settlement. Because of this process, around 95% of claims are resolved without going to trial. But if your case does proceed to court, you can rely on us to stand by your side and support you every step of the way.

      Medical negligence claims can be incredibly complex, requiring both medical insight and legal know-how to build a strong case. A specialist lawyer will help you understand exactly what went wrong, whether negligence took place, and how to pursue the best outcome for your compensation.

      When you choose our experienced medical negligence lawyers in Canberra, they will:

      • Assess the strength of your claim and how much it’s worth.
      • Gather clear evidence to prove that your healthcare provider was negligent.
      • Carefully review 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 increase your compensation.
      • Work tirelessly to secure the highest possible payout for you.

      Having successfully handled thousands of medical negligence claims, we know how to take on large healthcare insurers and what evidence is needed to prove malpractice. Plus, with our No Win No Fee Guarantee, you won’t pay anything upfront — you only pay if we win your case.

      If you’ve suffered a medical injury, you might also be able to access extra compensation through your superannuation. What you can claim depends on your specific superannuation policy, but usually includes:

      Because superannuation policies vary widely, it can be tricky to figure out exactly what benefits you can claim. Our experienced medical negligence lawyers in Canberra can review your policy, explain your options clearly, and help you secure all the benefits you’re entitled to.

      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.

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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.

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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.

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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

      Why choose our Canberra medical negligence lawyers?

      Medical negligence claims are complex, so you need a law firm with the right experience to handle every aspect. Our specialist medical negligence lawyers in Canberra combine deep legal expertise with detailed medical knowledge to build a strong case and fight for the compensation you deserve.

      We partner with a trusted network of independent medical experts across Canberra who provide thorough assessments, clear reports, and expert testimony to support your claim.

      As Australia’s ‘Compensation Law Firm of the Year 2020’, we have a proven track record of handling even the toughest medical negligence cases.

      Contact our medical negligence lawyers today for a free, no-obligation consultation. We’ll listen carefully to your story, explain how we can help, and map out the best approach to 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 Canberra
      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 Canberra
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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 Canberra
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      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 Canberra
      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 Canberra
      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 Canberra
      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 Canberra
      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 Canberra
      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 Canberra
      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 Canberra
      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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