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      What is medical negligence?

      When medical treatment goes wrong, the effects can be life-altering. Whether a doctor missed something serious, a hospital made an error, or your care simply fell short of expected standards — you’re the one left dealing with the aftermath.

      If that sounds familiar, you’re not alone. Medical negligence (also known as medical malpractice) is more common than many people realise, and it can be difficult to know what to do next. That’s where we come in.

      Our Hobart medical negligence lawyers have helped thousands of people stand up to healthcare providers and secure the compensation they’re entitled to.

      Your first consultation is free, and there’s no pressure to go ahead with your claim. It’s simply an open, honest conversation about your options and how we can help.

      Common examples of medical negligence

      We’ve spent more than 25 years supporting people in Hobart who’ve been failed by the medical system. In that time, these are the most common types of medical negligence claims we’ve seen:

      • 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? Don’t worry — those are just some of the most common examples. Medical negligence can take many forms, and even if your experience doesn’t fit a specific category, you may still have a strong case.

      Get in touch with our Hobart medical negligence lawyers for a free consultation. We’ll listen to your story, explain your options clearly, and let you know where you stand.

      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 Hobart

      You’ll find our office right in the heart of Hobart, so it’s easy and convenient to get expert legal help.

      Prefer to stay at home? We offer phone and video appointments to fit your schedule. And if travel is difficult, we can arrange for one of our lawyers to come to you.

      Retrieving locations...

      Proving medical negligence in Hobart

      To prove a medical negligence claim in Hobart or across wider Tasmania, you’ll need evidence of four key things:

      To start a medical negligence claim, the first step is to show that the healthcare provider owed you a duty of care. In simple terms, this means they were legally responsible for your safety and well-being during your treatment.

      In most cases, this part is clear-cut — if you were treated by a doctor, nurse, dentist or at a hospital, they almost certainly had a duty to take proper care of 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.

      Put simply, if no other doctor, nurse, or specialist would have done the same thing, it’s likely they breached their duty of care.

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

      This can include lost income, medical costs, rehab expenses, as well as compensation for pain, suffering, and a reduced quality of life.

      Medical negligence claims can be complex — and it’s important to understand that not every poor outcome is due to negligence. Some treatments carry unavoidable risks or don’t go as planned, even when the care provided was appropriate. That alone doesn’t mean your healthcare provider acted improperly.

      That’s where an experienced lawyer makes all the difference. You need someone who understands both the legal framework and the medical details of your case. With the right expertise, they can carefully assess what happened and determine whether your provider genuinely breached their duty of care.

      How much compensation will I receive?

      There’s no set payout for medical negligence claims in Hobart — every case is unique. The compensation you receive depends on the severity of your injury and how it has affected your life.

      For less serious injuries, payouts often range from $100,000 to $200,000. But in more severe cases involving permanent, life-changing harm, compensation can exceed $10 million.

      Importantly, compensation isn’t just about covering your immediate costs. You may be entitled to claim:

      • Lost income: wages you've already missed and future earnings (including superannuation).
      • Care and support: the cost of professional care or unpaid help from loved ones, including if you're now unable to care for someone who depends on you.
      • Other costs related to your injury: medical and rehab costs, travel, or home and vehicle modifications.
      • Non-economic loss: compensation for the impact on your mental and emotional well-being.

      Unlike other states, Tasmania doesn’t have a cap on non-economic loss compensation, but you must meet a minimum claim value of $7,000.

      For claims between $7,000 and $35,000, compensation is calculated with this formula:

      • (your claim value – $7,000) × 1.25

      For claims over $35,000, you’ll receive the full claim amount. This figure was set on 1 July 2024 and rises annually with inflation.

      If your claim is under $7,000, you can’t claim for non-economic loss — but you can still claim compensation for economic loss.

      If you feel a court has undervalued the impact of your injury, our experienced Hobart medical malpractice lawyers can help. We’ll challenge the decision and arrange an independent reassessment with trusted medical experts. Over the years, we’ve helped many clients prove their claim was undervalued and secure the compensation they deserve.

      How long do I have to start my claim?

      In Hobart, strict time limits apply to medical negligence claims. Generally, you must start your claim within three years of realising you’re injured.

      There are important exceptions to this time limit, so don’t assume it’s too late to get compensation. Contact an experienced Hobart medical negligence lawyer as soon as possible. We’ve helped many clients with delayed claims and can guide you through your options, free of charge.

      How to make a medical negligence claim in Hobart

      During your free consultation, you’ll speak directly with one of our medical negligence lawyers in Hobart or across Tasmania. We’ll listen carefully to your story and clearly explain your legal rights.

      If you choose to proceed, the same lawyer you meet will handle your case from start to finish, providing consistent support and expert guidance throughout.

      Your lawyer will thoroughly review your medical records and history to understand your case fully. If necessary, we’ll consult one of our trusted medical experts for a detailed assessment of your injury — and 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 collaborate closely with trusted medical professionals — including GPs, surgeons, and liability experts — to collect detailed reports and essential evidence to support your claim. If your injury affects your ability to work or reduces your hours, we also engage vocational specialists to assess how your condition impacts your current and future employment.

      Once we’ve gathered strong expert evidence, we begin court proceedings by submitting all required documents and exchanging evidence with the medical professional’s insurer. From there, your case moves to mediation, where our lawyers negotiate strategically to secure the best possible compensation for you.

      Most medical negligence cases are resolved through mediation, which helps avoid the time and expense of a court trial. During mediation, your lawyer leads all negotiations, working diligently to secure the best possible outcome for you. This is where our thorough preparation and expertise truly shine. If a settlement can’t be reached, 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 Hobart and wider Tasmania. This includes a wide 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 simply get in touch with a medical negligence lawyer in Hobart — we’re happy to verify this for you.

      The timeline for a medical negligence case varies based on your unique circumstances, including the complexity of your claim and how long it takes for your condition to stabilise. Typically, most cases are resolved within 12 to 18 months.

      Our medical negligence lawyers in Hobart bring decades of experience to these claims. We know how insurers operate and the common tactics they use to delay 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’d like a clearer idea of how long your claim might take, get in touch with a medical malpractice lawyer in Hobart. Once we understand more about your case, we can provide a more accurate timeline.

      Lots of people hold back from making a medical negligence claim because they’re worried about the cost. 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 Hobart.

      We cover all the upfront costs, and you won’t pay a cent unless we win your case. Here’s what makes us different from other law firms in Hobart:

      • We cover everything upfront: not just our legal fees, but also expert reports, admin costs, court fees, and all the extras needed to build your claim.
      • Lower fees if we win: our fees are capped at 30% of your payout, which is far less than the 50% many other firms charge.
      • You get to keep more: in most cases, we recover our fees from the other side, so more of your compensation stays with you.
      • No surprise bills: if your claim doesn’t succeed, many firms only cover their legal fees — leaving you to pay every other cost. But our No Win No Fee guarantee includes every single cost related to your claim.

      Curious about what it might cost to make a claim? Get in touch with our Hobart lawyers for a free chat anytime.

      Losing a loved one can take a huge toll on your finances, mental health, and everyday life. If their death was caused by negligence, you might be eligible for compensation through one of three main types of claims:

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

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

      If you think negligence was involved in your loved one’s death, don’t hesitate to get in touch with our medical malpractice lawyers in Hobart. We’re here to help you understand your options and guide you through every step.

      Dependency claims

      You may be able to make a dependency claim if you relied on the person who passed away to help cover your everyday living costs. This usually applies to close family members like spouses, de facto partners, children, parents, or siblings — but in some cases, other people who were financially supported by the deceased might also qualify.

      How much compensation can you receive?

      That depends on a few key things, such as:

      • Your age.
      • Your relationship with the person who passed away.
      • Their income before they died.
      • How much they contributed to your living expenses.
      • Any future costs you’re likely to face, such as education or care needs.

      In the end, the goal of compensation is to replace the financial support you would have continued to receive if your loved one were still here.

      Nervous shock claims

      If losing a loved one has caused you to develop a diagnosed psychiatric condition — like anxiety, depression, or PTSD — you may be able to make a nervous shock claim.

      It’s worth noting that while grief and emotional distress are incredibly valid responses, they aren’t enough on their own for this type of claim. To be eligible, you’ll need a formal diagnosis from a medical professional.

      How much compensation can you receive?

      A nervous shock claim can help cover:

      • The cost of your medical or psychological treatment.
      • Any income you’ve lost because of your condition.
      • Compensation for the pain, suffering, and mental toll caused by your loss.

      Loss of services claims

      If your loved one regularly helped with things like cooking, cleaning, school drop-offs, or looking after the kids — what’s known as ‘gratuitous services’ — you may be able to claim compensation for the loss of that unpaid support.

      How is compensation calculated?

      Even though these services weren’t paid for, they still had real value. When calculating compensation, the court usually looks at:

      • The type of help your loved one provided and their skills or experience.
      • How much time they spent on these tasks each week.
      • How their absence has impacted your daily life or added pressure on others in your household.

      Most claims don’t end up in court. In fact, around 95% are resolved through settlement discussions before a trial is even needed. That’s because both sides are required to meet and try to reach an agreement first.

      But if your case does go to court, you won’t be facing it alone. We’ll be right there with you — guiding you through the process, preparing your case, and standing by your side every step of the way.

      Medical negligence claims can be complicated, requiring a deep understanding of both the law and the healthcare system. That’s why it’s so important to have a specialist lawyer in your corner. We can help you figure out exactly what went wrong, whether negligence occurred, and what your best path forward looks like.

      When you work with our experienced medical negligence lawyers in Hobart, we will:

      • Assess whether you have a strong case and estimate what your claim could be worth.
      • Collect clear, expert-backed evidence to show your provider was negligent.
      • Review the insurer’s medical reports and push back on anything that doesn’t stack up.
      • Explain your options clearly if the insurer makes a lowball offer.
      • Spot any extra claims or entitlements that could boost your final payout.
      • Negotiate fiercely to get you the best possible result.

      We’ve successfully handled thousands of medical negligence cases and know exactly how to deal with big healthcare insurers. And with our No Win No Fee Guarantee, there’s no upfront cost — you’ll only pay if we win your case.

      If you’ve been injured due to medical negligence, there’s a good chance you could access extra compensation through your superannuation. The type of benefits available depends on your specific policy, but often includes:

      Superannuation policies can be complex and vary from fund to fund, which makes it hard to know exactly what you’re eligible for. Our experienced Hobart medical negligence lawyers can review your policy, explain your entitlements in plain English, and help you get the full range of benefits you’re owed.

      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 Hobart medical negligence lawyers?

      Medical negligence claims are extremely complex, requiring both legal skill and a strong understanding of how the healthcare system works. That’s why it’s so important to have the right team on your side.

      Our specialist medical negligence lawyers in Hobart have years of experience handling complex claims. We combine sharp legal insight with detailed medical knowledge to build a strong case and fight for the compensation you’re entitled to.

      We also work with a trusted network of independent medical experts across Hobart. These professionals provide thorough assessments, clear reports, and expert testimony to back your claim with solid evidence.

      Named Australia’s ‘Compensation Law Firm of the Year 2020’, we’ve successfully run some of the most challenging medical negligence cases in the country.

      Get in touch with our Hobart team today for a free, no-pressure consultation. We’ll take the time to understand what’s happened, explain your options clearly, and lay out the best path forward.

      Speak to one of our friendly lawyers

      Email us 1300 769 665

      Medical negligence payouts

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      $10 million

      Medical Negligence Lawyers in Hobart & Tasmania
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      Hospital pays substantial settlement to father left unable to walk or talk

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      Midwife and hospital staff responsible for child’s chronic illness

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

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      $1.5 million

      Medical Negligence Lawyers in Hobart & Tasmania
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      Esther wins $1.5mil settlement after hospital fails to find cancer

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      $750,000

      Medical Negligence Lawyers in Hobart & Tasmania
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      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 Hobart & Tasmania
      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...

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      $230,000

      Medical Negligence Lawyers in Hobart & Tasmania
      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...

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      $850,000

      Medical Negligence Lawyers in Hobart & Tasmania
      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 Hobart & Tasmania
      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 Hobart & Tasmania
      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

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