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      What is medical negligence?

      Medical negligence — sometimes also called medical malpractice — happens when a doctor, hospital, or other healthcare provider doesn’t deliver the standard of care expected, and you’re injured because of it.

      If you’ve been hurt by poor medical treatment, it’s completely understandable to feel unsure about what to do next. That’s where we can help.

      Our medical negligence lawyers in Perth have helped thousands of people take action against healthcare providers and recover the compensation they deserve.

      In your free consultation, we’ll take the time to understand what happened, explain your legal options in plain English, and guide you through the process from start to finish.

      Common examples of medical negligence

      We’ve handled thousands of medical negligence claims in Perth and across WA. In our experience, some of the most common situations where you can get compensation include:

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

      Not sure if your experience qualifies? Don’t worry — the examples above are just some of the more common cases. If you’ve been harmed because of a medical error or poor treatment, there’s a good chance you still have a valid claim.

      To find out whether you’re entitled to compensation, get in touch with our medical malpractice lawyers in Perth today.

      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 Perth

      Our office is conveniently located in the heart of Perth, so getting expert legal help is simple and stress-free.

      Can’t make it in? We’ve got you covered with phone and video consultations. And if you’re unable to travel, we can arrange for one of our lawyers to visit you instead.

      Retrieving locations...

      Proving medical negligence in Perth

      To prove your medical negligence claim in Perth, you’ll have to establish four basic things:

      To begin a medical negligence claim, the first step is proving that the healthcare professional owed you a legal duty of care. This means they were responsible for ensuring your safety and well-being during treatment.

      In most cases, this is straightforward — if you received care from a doctor, nurse, dentist, or were treated at a hospital, that duty of care is usually established automatically.

      The next step is proving that the care you received didn’t meet the standard expected of a competent healthcare professional. In legal terms, this is known as a breach of duty.

      If another qualified professional in the same position wouldn’t have made the same decisions — or would have taken action when your provider didn’t — then the care is considered to have fallen below acceptable standards.

      You’ll also need to show that your injury or condition was a direct result of the healthcare provider’s actions — or their failure to act. It’s not enough to prove the care was poor; you must clearly connect that substandard treatment to the harm you’ve suffered. Without this link, your claim is unlikely to succeed.

      This could include things like lost income, medical expenses, and your pain and suffering.

      Medical negligence claims aren’t always straightforward, particularly because not every bad result is caused by negligence. A treatment might go wrong or lead to complications without the healthcare provider being at fault.

      That’s why it’s crucial to have a lawyer who understands both the medical issues and the legal standards involved. With the right knowledge and experience, they can assess what happened and identify whether the care you received fell short of what’s reasonably expected.

      How much compensation will I receive?

      In Western Australia, there’s no fixed average payout for medical negligence claims — it all depends on the facts of your case, including how serious your injury is and the effect it’s had on your life.

      For minor injuries, settlements typically fall between $100,000 and $200,000. However, in cases of severe negligence resulting in lifelong disabilities, compensation can exceed $10 million.

      Keep in mind, compensation isn’t just about financial losses. You might also be entitled to damages for the wider impact of your injury, such as:

      • Lost income: including wages you’ve already missed, future earnings, and superannuation.
      • Care and support: expenses for professional assistance or help from family and friends, including if you’re unable to care for someone who depends on you.
      • Other costs related to your injury: medical bills, travel expenses, and necessary modifications to your home or vehicle due to your injury.
      • Non-economic losses: compensation for the physical pain and emotional distress caused by your injury.

      Unlike many other states, Western Australia does not cap compensation for non-economic loss. However, to be eligible, you must meet two minimum thresholds:

      • Your Whole Person Impairment (WPI) must be 15% or higher. If it’s less than 15%, you can generally only claim economic losses. However, exceptions may apply if you’re severely injured.
      • Your claim value must be at least $25,500.

      Once these thresholds are met, the compensation amount depends on the value of your claim:

      • Between $25,500 and $73,500: your compensation is your claim value minus $25,500.
      • Between $73,500 and $99,000: your compensation is your claim value minus a percentage of the first $25,500.
      • Above $99,000: you receive the full amount of your claim.

      There is an exception for ‘gratuitous services’ claims, which cover unpaid domestic tasks like childcare, cleaning, and cooking. For these claims, the minimum claim value is $8,000.

      Keep in mind, all the above figures are current as of July 2024 and adjusted annually for inflation.

      How much will my medical negligence claim cost?

      Many people delay making a medical negligence claim because they’re worried about the cost. At Monaco, we don’t think money should ever stand in the way of justice. That’s why we offer a true No Win No Fee guarantee for all medical negligence claims in Perth.

      Here’s how our No Win No Fee model stands out from other Perth law firms:

      • Coverage for every upfront cost: including expert medical reports, legal fees, court filing costs, and admin expenses.
      • Fairer fees and more compensation: we cap our legal fees at 30% of your payout — unlike some firms that charge up to 50%. And in most cases, we recover our fees from the other side, so you keep more (if not all) of your compensation.
      • No nasty surprises if your claim doesn’t succeed: if your claim is unsuccessful, many firms’ No Win No Fee policies only cover their legal fees — leaving you to foot the bill for things like expert reports and court costs. But we cover every single cost related to your claim.

      Curious about the cost of making a claim? Speak to our No Win No Fee medical negligence lawyers in Perth. In your free consultation, we’ll clearly explain how much compensation you might be entitled to — and exactly what our fees will be if your claim succeeds.

      How to make a medical negligence claim in Perth

      In your free consultation, you’ll speak directly with a medical negligence specialist — whether you’re in Perth or anywhere else in WA. We’ll listen carefully to your situation and explain your legal options in plain, easy-to-understand language.

      If you decide to proceed, chances are the same lawyer will handle your case from start to finish, giving you consistent support and expert advice throughout the process.

      Your lawyer will begin by carefully reviewing your medical records and history to build a strong foundation for your case. In some instances, we might involve one of our trusted medical experts to assess your condition. If we do, we’ll cover all the costs — and you won’t pay a cent unless we win.

      We work closely with a trusted network of medical professionals — including GPs, surgeons, and liability experts — to gather detailed reports and critical evidence to support your claim. If your injury affects your ability to work or reduces your capacity, we also engage vocational specialists to assess the impact on your current job and future career opportunities.

      Once we’ve gathered strong expert evidence, we’ll formally start legal proceedings by filing the necessary documents and sharing our evidence with the insurer. From there, your case typically moves into mediation — a process where we negotiate directly with the insurer to secure the best possible outcome on your behalf.

      Most medical negligence claims are resolved through mediation, not in court. During this stage, your lawyer will handle all negotiations, working hard to secure the maximum compensation possible. This is where our preparation and experience make a real difference. If an agreement isn’t reached, we’ll guide you through your next steps and support you in deciding how to move forward.

      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 make a medical negligence claim against any registered healthcare provider or facility in Western Australia. This includes:

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

      Not sure if your provider is registered? You can search the national register on the Australian Health Practitioner Regulation Agency (AHPRA) website — or get in touch with one of our Perth medical negligence lawyers, and we’ll check for you.

      The length of a medical negligence claim can vary depending on factors like the complexity of your case and how long it takes for your condition to stabilise. On average, most claims are resolved within 12 to 18 months.

      Our experienced medical negligence lawyers in Perth have handled hundreds of these claims and understand how insurers work. We know the delay tactics they often use — and the best strategies to push back and keep things moving forward.

      If you’d like a clearer idea of how long your specific claim might take, contact our Perth team for a free consultation. Once we understand the details of your situation, we can give you a more tailored estimate.

      In Western Australia, there are strict deadlines for lodging a medical negligence claim. In most cases, you have three years from the date the injury occurred. But if your symptoms didn’t show up right away, the time limit usually starts from when you first noticed them — or when a reasonable person would have.

      If your time limit is about to run out, it’s important to speak to a lawyer as soon as possible to protect your right to make a claim. In some cases, we can do this by filing a ‘generally endorsed writ’. This gives us up to 12 extra months to investigate your case and, if we’re able to get supportive expert evidence, file a full statement of claim.

      Even if you think too much time has passed, don’t rule yourself out. There are some important exceptions to the usual time limits, so it’s still worth getting legal advice.

      Our Perth medical negligence team has helped many clients pursue claims outside the usual timeframes. If you’re unsure where you stand, get in touch — we’ll review your situation and let you know if you can still make a claim.

      If you’ve lost a loved one due to medical negligence in Western Australia, and it’s had a major impact on your finances, mental health, or day-to-day life, you may be entitled to compensation. There are three main types of claims you could have:

      1. Dependency claims: for those who were financially supported by the person who died — such as a partner, child, or other dependent.
      2. Nervous shock claims: for people who suffer a recognised psychiatric illness (like PTSD or depression) as a result of the death.
      3. Loss of services claims: for the unpaid help your loved one used to provide — such as childcare, cleaning, cooking, or home maintenance.

      These claims can help ease the financial strain during a very difficult time. Below, we’ll break down how each one works.

      If you believe negligence played a role in your loved one’s death, reach out to our Perth-based medical negligence lawyers. We offer a free consultation to help you understand your rights and the next steps.

      Dependency claims

      You may have a dependency claim if you relied on the person who passed away to help cover your everyday living expenses. In other words, if their income helped support you, you may be entitled to compensation.

      Typically, this includes close family members such as spouses, de facto partners, children, parents, and sometimes siblings. In certain cases, other relatives or even non-family members who were financially dependent on the deceased may also qualify.

      How much compensation can you receive?

      The amount of compensation depends on several factors, including:

      • Your relationship to the deceased.
      • Your age and financial circumstances.
      • The deceased’s income and earning potential.
      • The level of financial support they provided.
      • Future costs you’re likely to face, like school fees or ongoing care needs.

      The goal of a dependency claim is to provide the financial support you would have continued receiving if your loved one were still alive.

      Nervous shock claims

      If you’ve developed a diagnosed psychiatric condition (such as anxiety, depression, or PTSD) because of your loved one’s death, you may have a nervous shock claim.

      Keep in mind, feelings of grief or sadness alone aren’t enough — you must have a formal diagnosis from a qualified medical professional to be eligible.

      How much compensation can you receive?

      This may cover:

      • Expenses for treatment and therapy related to your condition.
      • Lost income due to your illness.
      • Compensation for the emotional pain and suffering caused by your loss.

      Loss of services claims

      If your loved one provided unpaid support—such as cooking, cleaning, childcare, or school runs, often called ‘gratuitous services’—you might be entitled to compensation for losing that help.

      How is compensation calculated?

      Since these tasks aren’t paid, calculating their value can be difficult. Courts generally consider factors like:

      • The deceased’s skills or profession.
      • The amount of time they dedicated to these tasks.
      • How losing their support has affected you and increased the burden on others in your family.

      The vast majority of medical negligence claims are resolved before reaching court. Both parties are required to meet and attempt to settle the case through negotiation. Because of this, around 95% of claims are settled without going to trial. However, if your case does proceed to court, you can trust us to support you every step of the way until the final outcome.

      Medical negligence claims often involve complicated legal and medical details, making it challenging to prove that a healthcare provider’s actions caused your injury.

      That’s why our expert lawyers in Perth are here to support you every step of the way: from understanding what went wrong with your treatment to crafting the best plan to maximise your compensation.

      When you choose to work with our skilled medical negligence lawyers, we will:

      • Assess the strength and potential value of your claim.
      • Gather strong evidence to prove the healthcare provider’s fault.
      • Review all medical records and insurer information carefully.
      • Provide clear advice if you receive an unfair offer from the insurer.
      • Explore any additional claims that might increase your compensation.
      • Advocate vigorously to secure the highest possible settlement for you.

      With years of experience winning medical negligence cases and fighting insurance companies, we understand what it takes to prove malpractice. Plus, our No Win No Fee Guarantee means you won’t pay anything upfront — you only pay if we succeed.

      Along with your medical negligence claim, you may also be eligible to access additional compensation through your superannuation. What you can claim depends on the details of your specific super policy, but common options include:

      Super policies can be complex and vary widely, so understanding your entitlements isn’t always straightforward. Contact our medical negligence lawyers in Perth to have your policy reviewed. We’ll explain your options clearly and help you claim every dollar you’re entitled to.

      See more FAQs

      Get free legal advice

      Find out if you have a claim today.

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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 Perth?

      Medical negligence cases are often highly complex, so you need a law firm with the expertise to manage every aspect effectively. Our Perth medical negligence lawyers combine deep legal knowledge with extensive medical understanding to build a strong case and fight for the compensation you deserve.

      We also collaborate with a trusted network of independent medical experts who provide thorough evaluations, detailed reports, and expert testimony to support your claim. This evidence is absolutely crucial for proving the extent of your injury and linking it directly to the medical professional’s actions.

      As Australia’s ‘Compensation Law Firm of the Year 2020,’ we have the experience and skills needed to handle even the most complicated medical negligence cases.

      Contact our medical negligence lawyers today for a free consultation. We’ll take the time to hear your story, explain how we can assist, and map out the best plan 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 Perth & Western 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 Perth & Western Australia
      Medical Negligence

      Midwife and hospital staff responsible for child’s chronic illness

      Nadia was diagnosed with Cerebral Palsy at 18 months old. Her mother felt the hospital had been negligent during the birth. We helped prove their negligence and...

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      $2.5 million

      Medical Negligence Lawyers in Perth & Western 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 Perth & Western 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 Perth & Western 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 Perth & Western 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 Perth & Western 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 Perth & Western 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 Perth & Western 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 Perth & Western 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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      $650m
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