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      What is medical negligence?

      Medical negligence happens when a doctor, hospital or healthcare provider delivers care that falls below an acceptable standard — and you’re harmed as a result. You might also hear it referred to as ‘medical malpractice’.

      If you’re facing the consequences of poor medical treatment, it’s completely understandable to feel overwhelmed or unsure about what to do next. That’s where we come in. Our specialist medical negligence lawyers in Melbourne have helped thousands of locals take legal action against healthcare professionals and secure the payout they’re entitled to.

      Reach out for free advice today. We’ll listen to your story, assess your situation, and clearly explain your options. With seven offices across Victoria, expert help is never far away.

      Common examples of medical negligence

      Some of the most common examples of medical negligence in Victoria 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 here? Don’t worry — this isn’t a complete list. If you’ve been harmed by a medical professional’s mistake, carelessness, or poor treatment, it’s likely you have a claim. To confirm whether your case qualifies for compensation, speak with one of our medical negligence lawyers in Melbourne or across Victoria.

      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: Melbourne & VIC

      With seven offices across Victoria, finding an expert medical negligence lawyer has never been easier. Use the map below to find your closest Monaco location.

      Prefer to stay home? We also offer phone and video consultations. And if you’re able to travel, our lawyers can come to you.

      Retrieving locations...

      How to prove medical negligence in Victoria

      To make a successful medical negligence claim in Victoria, you’ll need to establish four main elements:

      The medical professional must have owed you a ‘duty of care’ — a legal obligation to look after your health and safety. Some relationships, like doctor and patient, automatically come with this duty. So, if you were treated by a registered doctor, dentist, hospital or other healthcare provider, it’s likely they had a duty of care while treating you.

      The medical professional’s actions must have fallen below an acceptable standard of care — in other words, no reasonable healthcare provider in the same situation would have acted the same way.

      You’ll need to prove a clear connection between your current health issues and the treatment (or lack of treatment) provided by the medical professional.

      This could be lost income, medical expenses, or pain and suffering (the negative impact of the injury on your life).

      As you can see, medical negligence is an incredibly complex area of law. Just because something went wrong during your treatment doesn’t automatically mean it was negligence. That’s why these claims require a lawyer with deep knowledge of both medicine and law — someone who can navigate the grey areas and clearly show when a medical provider has fallen short.

      How much compensation will I receive?

      There’s no set average payout for medical negligence claims in Victoria — every case is different. The amount of compensation depends on the specific details of your situation, including how serious your injury is and how it affects your life.

      Some claims may result in payouts of $100,000 to $200,000, while others — particularly those involving lifelong care needs — can exceed $10 million.

      Your compensation may include:

      • Lost income: wages you’ve already lost due to your injury, as well as future earnings and superannuation.
      • Care and support: the cost of professional care or support from family and friends. This also includes situations where you can no longer care for someone who relies on you.
      • Other costs related to your injury: medical bills, travel costs, and necessary changes to your home or vehicle due to your injury.
      • Non-economic losses: including pain and suffering, which is the impact your injury has had on your physical and mental well-being

      Importantly, to claim non-economic losses in Victoria, you need to prove that your injury is ‘significant’. This usually means meeting a minimum percentage of Whole Person Impairment (WPI), which is the overall impact of the injury on your life. The minimum WPI required depends on your type of injury:

      • At least 5% for a spinal injury.
      • More than 5% for any other physical injury.
      • At least 10% for a psychiatric injury.

      Some injuries are automatically considered ‘significant’, so you don’t need a WPI assessment to claim non-economic losses. These include:

      • Loss of a foetus.
      • Loss of a breast.
      • A psychiatric injury caused by the loss of a child during (or shortly after) birth.

      If you’ve already had your Whole Person Impairment (WPI) assessed and think it’s too low — especially if you’ve been told you don’t meet the serious injury threshold — it’s important to get a second opinion. Non-economic loss claims don’t have a set dollar value, so they can result in significant lump sum payouts.

      Our experienced lawyers have been helping Victorians challenge WPI assessments for decades, so we understand the criteria inside and out. If we believe your WPI rating doesn’t reflect the true extent of your injury, we’ll arrange for an independent assessment through our trusted medical experts. We’ll also guide you through the process of lodging a dispute with the Medical Panel — the independent body that makes the final call on whether your injury meets the serious threshold.

      How to make a medical negligence claim

      During your free consultation, you’ll speak directly with one of our experienced Melbourne medical negligence solicitors. We’ll take the time to listen to your story, explain your legal rights in plain English, and give you clear advice on your potential compensation.

      If you choose to proceed, the same lawyer you speak with is likely to handle your case from start to finish — providing consistency, support, and expert guidance every step of the way.

      Your lawyer will begin by reviewing your clinical records and carefully analysing your medical history to start building your case. In some instances, we may arrange for your condition to be assessed by one of our trusted medical experts. If that happens, we’ll cover all the costs — and you won’t need to pay anything unless we win your claim.

      We work closely with our medical experts, gathering reports and other crucial evidence to support your case. This team includes GPs, surgeons, and liability specialists. If your condition has affected your ability to work or reduced your work hours, we’ll also involve vocational experts to assess your current and future work capacity.

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

      Most cases don’t end up in court—they’re resolved through mediation. During this process, your medical negligence lawyer handles all the negotiations to secure the best possible outcome for you. This is where our thorough preparation and experience really make a difference. If your case doesn’t settle, your lawyer will explain the next steps and discuss your options.

      Meet your future 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

      How much does a medical negligence claim cost?

      The cost of your medical negligence claim can vary depending on factors like how long it takes to resolve and how strongly the insurer defends it. But no matter your case, one thing stays the same — you’re protected by our No Win No Fee guarantee. We cover all upfront costs, and you won’t pay a cent unless we win your claim.

      Here’s how our No Win No Fee lawyers in Melbourne keep your claim risk-free:

      • No cost to you: unlike other law firms, our No Win No Fee Guarantee covers more than just our own legal fees — it includes every single cost related to your claim.
      • No upfront fees: we pay all expenses related to your claim upfront, including medical reports and expert evidence, so you’re never out of pocket.
      • Lower legal fees: in most cases, we recover the majority of our fees from the medical professional’s insurer, so you keep more of your compensation.
      • 90-day risk-free trial: we offer a 90-day free trial so you can assess our service before fully committing. If you cancel during this period, there’s absolutely nothing to pay.
      Find out more about our fees

      Frequently asked questions

      You can make a medical negligence claim against any medical professional or institution registered to practice in Victoria. This includes:

      • 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 of practitioners through the Australian Health Practitioner Regulation Agency (AHPRA).

      Time limits apply to every medical negligence claim in Victoria, and missing a deadline could mean missing your chance at compensation. These timeframes are often referred to as the medical negligence ‘statute of limitations’.

      To bring a claim, you generally have either:

      • Three years from the date you first knew (or should have known) that your injury was caused by medical negligence, or
      • Twelve years from the actual date of the negligent treatment (known as the long stop limit).

      For children and people living with a disability, the law provides more time — usually six years from the date they became aware of the injury.

      That said, there are important exceptions to these rules. If you think you might be outside the time limit, don’t assume you’ve missed your chance. Speak with an experienced Melbourne medical negligence lawyer right away. We’ve successfully handled many delayed claims and may still be able to help you move forward.

      The timeline for a medical negligence case depends on your individual circumstances — how complex your claim is and how long it takes for your condition to stabilise. Generally, most medical negligence claims take between 12 to 18 months to resolve.

      Our medical negligence solicitors in Melbourne have spent decades focusing exclusively on these claims. This experience means we not only understand insurers but also the common tactics they use to delay settlements. We can identify these strategies early, prepare evidence to counter them, and help get your compensation paid sooner.

      For a more precise estimate of how long your claim might take, contact our medical malpractice lawyers in Melbourne. Once we understand the details of your situation, we can provide a clearer timeframe.

      In Victoria, you may be eligible to make a claim if your loved one’s passing has significantly affected your finances, mental health, or home life. Depending on your situation, there are three main types of claims you can pursue:

      1. Dependency claims: for partners, children, and others who financially depended on the deceased.
      2. Nervous shock claims: for those who develop a psychiatric illness as a result of the death.
      3. Loss of services claims: for unpaid caregiving or domestic help that the deceased used to provide.

      Each of these claims offers vital financial support during a difficult time. Let’s explore them in more detail below.

      Dependency claims

      You can make a dependency claim if you were financially dependent on the deceased — meaning you relied on their income for everyday living expenses.

      Typically, close family members such as spouses, de facto partners, children, parents, and siblings are eligible. However, distant relatives or even non-family members who were financially supported by the deceased may also qualify.

      How much compensation can you receive?

      Compensation depends on factors including:

      • Your age.
      • Your relationship with the deceased.
      • The deceased’s income before their passing.
      • Their contribution to daily living costs.
      • Future costs for education and maintenance.

      Essentially, the amount reflects the financial support you would have received if your loved one were still alive.

      Nervous shock claims

      If the death of a loved one caused you to develop a psychiatric condition, such as anxiety, depression, or PTSD, you may be eligible to claim nervous shock. This also applies to people who witnessed the death.

      Unfortunately, claims cannot be made for grief or distress alone. You must have a recognised psychiatric illness to qualify.

      How much compensation can you receive?

      Your compensation may cover:

      • Medical expenses related to your condition.
      • Lost income due to the illness.
      • Pain and suffering.

      Loss of services claims

      If the deceased provided unpaid help such as cooking, cleaning, childcare, or school drop-offs — known as ‘gratuitous services’ — you may claim compensation for the loss of this support.

      How is compensation calculated?

      Since gratuitous services are unpaid, valuing them can be complex. Generally speaking, courts will consider:

      • The deceased’s skills or trade.
      • Time spent providing these services.
      • The impact and burden on family members or others who now must take on these tasks.

      If you think you may be eligible for any of these claims, speak to a specialist medical negligence lawyer in Melbourne. We’ll help clarify your options and guide you through the claims process.

      Probably not. Courts now require parties to meet and negotiate before scheduling a court date. Because of this, around 95% of cases settle out of court. However, if needed, we won’t hesitate to take your case to court.

      Medical negligence is one of the most complex areas of law, requiring in-depth knowledge of both medicine and law to build a strong claim. A specialist lawyer can help you understand what type of claim you may have and how to maximise its value.

      When you work with a skilled medical negligence lawyer in Melbourne, they’ll also:

      • Assess whether you have a valid claim and provide clear advice on its potential worth.
      • Gather strong evidence to prove the medical professional’s negligence.
      • Challenge the medical and other evidence presented by the insurer.
      • Guide you on the best strategy to move your claim forward, especially if the insurer isn’t offering a fair settlement.
      • Identify any additional claims you might be entitled to, which can often be worth significantly more than your medical negligence claim alone.
      • Work to maximise your final compensation payout.

      Our medical negligence lawyers are specially trained to stand up to the major healthcare insurers, using medical reports and expert testimony to fight for the compensation you deserve.

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

      On top of your medical negligence claim, you may be entitled to extra compensation through your superannuation. Exactly what you’re entitled to depends on your specific super policy, but it can include:

      Every super policy is different, and navigating your entitlements can be complex. That’s where our specialist Melbourne medical negligence lawyers can help. We’ll review your policy in detail, clearly explain your entitlements, and make sure you receive every dollar 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

      What makes us the best medical negligence lawyers in Melbourne?

      Medical negligence is one of the most technically challenging areas of law, so you need a law firm that’s fully equipped to handle it. Our specialist medical negligence lawyers in Melbourne combine proven legal strategies with expert medical knowledge to build your case and secure the compensation you deserve.

      We work closely with a wide network of trusted medical experts across Victoria who provide independent examinations, detailed reports, and expert testimony to strengthen your claim.

      Voted ‘Compensation Law Firm of the Year in Australia 2020’, we are recognised industry leaders with the experience and skill to win even the most complex medical negligence claims.

      Contact our medical negligence lawyers today for free, comprehensive legal advice. We’ll assess your situation, explain how we can support your claim, and outline the best strategy to maximise your compensation.

      Speak to one of our friendly lawyers

      Email us 1300 769 665

      Millions won for our clients

      View more case results

      $10 million

      Medical Negligence Lawyers in Melbourne & Victoria
      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 Melbourne & Victoria
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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 Melbourne & Victoria
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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 Melbourne & Victoria
      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 Melbourne & Victoria
      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 Melbourne & Victoria
      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 Melbourne & Victoria
      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 Melbourne & Victoria
      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 Melbourne & Victoria
      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 Melbourne & Victoria
      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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