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      What is medical negligence?

      Medical negligence occurs when a doctor, hospital, or healthcare provider delivers care below an acceptable standard — and you’re harmed as a result. It’s sometimes also called ‘medical malpractice.’

      If you’re facing the impact of poor medical treatment, it’s normal to feel overwhelmed or unsure about your next steps. That’s where we can help.

      Our dedicated Sydney medical negligence lawyers have helped thousands hold healthcare providers accountable and secure the compensation they deserve.

      Reach out today for free advice on your case. We’ll listen to your story, assess your situation, and clearly explain your options. With 14 convenient offices across NSW, it’s never been easier to access expert legal support.

      Common examples of medical negligence

      In our experience, some of the most common types of medical negligence in NSW are:

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

      Can’t see your situation here? Don’t worry — this isn’t a complete list. If you’ve been harmed by a medical mistake, poor care, or negligence, you may still have a claim. Speak to our experienced medical malpractice lawyers in Sydney and across NSW to find out 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: Sydney & NSW

      With 14 offices across NSW, expert medical negligence support is always close by. Use the map below to find your nearest Monaco Solicitors location.

      Prefer not to travel? We offer phone and video consultations — and if you’re unable to leave home, our lawyers can come to you.

      Retrieving locations...

      How to prove medical negligence claims in NSW

      To prove your medical negligence case in NSW, you must establish four basic things:

      The first thing you’ll need to show is that the medical professional owed you a ‘duty of care’. In simple terms, that means they had a legal responsibility to look after your health and safety. In most medical negligence cases, this part is relatively easy — if you were treated by a doctor, dentist, hospital, or other healthcare provider, they almost certainly had that duty while caring for you.

      Next, you’ll need to show that the care you received fell below an acceptable standard. Put simply, this means no reasonable healthcare provider in the same situation would have acted (or failed to act) the way they did.

      You’ll also need to show a clear connection between your current health issues and the treatment — or lack of treatment — you received from the medical professional. In other words, their actions (or inaction) must be a direct cause of the harm you’ve suffered.

      This can include things like lost income, medical expenses, and pain and suffering — in other words, how the injury has impacted your life.

      Medical negligence is a complex area of law, and cases aren’t always clear-cut. Just because a treatment didn’t go as planned doesn’t automatically mean there was negligence. That’s why you need a lawyer who understands both the legal and medical sides — someone who can untangle the complexities and prove when a healthcare provider has fallen short.

      How much compensation will I receive?

      There’s no set average payout for medical negligence in NSW — every case is different. The compensation you receive depends on the specifics of your situation, including how serious your injury is and how it’s affected your life.

      For less serious injuries, claims may settle for between $100,000 and $200,000. But for cases involving severe negligence and lifelong disabilities, compensation can exceed $10 million.

      It’s also important to understand that medical negligence compensation isn’t just about covering financial costs. You may also be entitled to damages for the broader impact the injury has had on your life.

      Depending on your case, compensation can include:

      • Lost income: wages you’ve already missed, plus future earnings and superannuation.
      • Care and support: the cost of professional care or help from family and friends, including if you can no longer care for someone who relies on you.
      • Other costs related to your injury: medical bills, travel costs, and modifications to your home or vehicle.
      • Non-economic losses: compensation for how your injury has affected your physical and mental well-being. Unlike the other types of compensation above, non-economic loss isn’t a fixed amount, so you could receive a significant lump sum.

      In NSW, you’ll need to meet a minimum threshold of impairment before you can claim for non-economic loss. This means your injuries must be assessed and compared against the ‘Most Extreme Case’ (MEC). To qualify, your injury needs to be assessed at 15% or more of the MEC.

      The amount of compensation you receive for non-economic loss depends on your MEC percentage:

      • 35% MEC or more: you’ll receive 1% of the maximum compensation for every 1% of the MEC. For example, if you’re assessed at a 50% MEC, you’re entitled to 50% of the maximum. As of October 2024, this maximum is $761,500 — meaning your 50% MEC would result in a $380,750 payout.
      • 15% – 33% MEC: your compensation is calculated similarly to the 1% rule but increases in 0.5% increments.

      If your MEC is below 15%, you can’t claim for non-economic loss — but you can still get compensation for things like lost income, medical expenses and domestic support.

      Over the years, our experienced medical negligence lawyers in NSW have helped many clients challenge unfair injury assessments. If we believe your MEC assessment doesn’t accurately reflect the severity of your injury, we’ll have one of our trusted medical experts provide a second opinion.

      Not sure if you have a medical negligence claim?

      Our expert medical negligence lawyers offer free, no-obligation consultations. Whether you’re unsure about your rights or another lawyer has said you don’t have a claim, we’re here to provide a clear second opinion.

      Don’t miss out on the compensation you deserve — contact our medical negligence lawyers in Sydney and across NSW today.

      Book a free consult today

      How to make a medical negligence claim in NSW

      During your free consultation, you’ll speak directly with one of our lawyers specialising in medical negligence, whether that’s in Sydney or broader NSW. We’ll take the time to listen to your story, explain your legal rights in plain, easy-to-understand language, and provide clear advice on the compensation you may be entitled to.

      If you decide to proceed, the same lawyer you speak with will likely handle your case from start to finish — giving you consistent support and expert guidance every step of the way.

      Your lawyer will review your clinical records and medical history to build a strong case. In some cases, we may engage one of our medical experts to do an independent evaluation of your injury. If that occurs, we’ll cover every cost — and you won’t pay anything unless your claim is successful.

      We work closely with trusted medical experts — including GPs, surgeons, and liability specialists — to gather detailed reports and crucial evidence that strengthen your case. If your condition affects your ability to work or reduces your hours, we’ll also involve vocational experts to assess your current and future work capacity.

      With strong expert evidence in hand, we start court proceedings by filing all the necessary documents and exchanging evidence with the medical professional’s insurer. From there, your claim moves to mediation, where our lawyers negotiate aggressively to secure the best possible compensation for you.

      Most cases don’t go to court — they’re usually settled through mediation. At this stage, your medical negligence lawyer handles all negotiations to secure the best possible outcome for you. This is where our careful preparation and experience really make a difference. And if your case doesn’t settle, your lawyer will clearly explain the next steps and help you decide what to do.

      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

      Time limits for medical negligence claims in NSW

      Time limits apply to every medical negligence claim in NSW, and missing a deadline could mean losing your chance to get compensation. These are often called the ‘statute of limitations’ for medical negligence claims.

      Generally, you have either:

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

      There are important exceptions to these rules — so if you’re outside the time limit, don’t assume it’s too late. Just speak with an experienced medical negligence lawyer in NSW as soon as possible. We’ve successfully handled many delayed claims and are ready to do the same for you.

      Frequently asked questions

      You can make a medical negligence claim against any medical professional or institution registered to practice in NSW. 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 through the Australian Health Practitioner Regulation Agency (AHPRA).

      Alternatively, simply get in touch with a medical negligence solicitor in Sydney, and we’ll check for you.

      The timeline for a medical negligence case depends on your unique situation, including how complex your claim is and how long it takes for your condition to stabilise. Typically, most claims take around 12 to 18 months to resolve.

      Our medical negligence lawyers in Sydney have decades of experience focusing solely on these cases. We understand how insurers work and know the common tactics they use to delay settlements. We spot these early, prepare strong evidence to counter them, and work hard to get your compensation paid sooner.

      To get a clearer idea of how long your claim might take, reach out to a medical malpractice lawyer in Sydney or across NSW. Once we know more about your case, we can give you a more accurate estimate.

      Yes — absolutely. We offer a genuine No Win No Fee guarantee for all medical negligence claims. That means we cover all upfront costs, and you won’t pay a cent unless we win your case. If your claim isn’t successful, you won’t receive a bill. Ever.

      What sets us apart from other ‘No Win No Fee’ medical malpractice law firms in Sydney? It’s simple: our guarantee covers everything — not just our legal fees. That includes admin costs, expert reports, and even court fees if your claim goes that far. Most firms only cover their legal fees, so if your claim fails, you could still be left paying other expenses.

      So, while many firms say ‘No Win, No Fee’, we’re one of the few that truly deliver on it.

      If your claim succeeds, our fees are capped at just 30% of your total compensation — well below the industry standard of 50%. Plus, in most cases, we recover our fees from the other side, so you keep more (if not all) of your payout.

      Want to know exactly what your claim might cost? Contact our No Win No Fee lawyers in Sydney and across NSW for a free consultation. We’ll explain your options, our fee structure, and how we’ll fight to get you the maximum compensation you deserve.

      In NSW, if your loved one’s death has deeply impacted your finances, mental health, or daily life, you could be entitled to compensation. There are three main types of claims you could be eligible for:

      1. Dependency claims: for those financially supported by the deceased, like partners or children.
      2. Nervous shock claims: for anyone who develops a psychiatric illness due to the death.
      3. Loss of services claims: for unpaid care or domestic help the deceased provided.

      These claims can provide crucial financial support for you and your family. We’ll break down each type below.

      If your loved one passed away due to negligence, reach out to our medical malpractice lawyers in Sydney. We’ll guide you through your options and what to expect from the claims process — completely free of charge.

      Dependency claims

      You can make a dependency claim if you depended financially on the deceased — that is, you relied on their income to cover everyday expenses.

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

      How much compensation can you receive?

      It depends on factors such as:

      • Your age.
      • Your relationship to the deceased.
      • The deceased’s income before they passed.
      • How much they contributed to your living costs.
      • Future expenses like education or ongoing care.

      In essence, compensation is intended to cover the financial support you would have continued to receive if your loved one were still here.

      Nervous shock claims

      If the death of a loved one has led to a diagnosed psychiatric condition — such as anxiety, depression, or PTSD — you may be able to make a nervous shock claim.

      Keep in mind, claims aren’t accepted for grief or distress alone; you must have a formal psychiatric diagnosis to qualify.

      How much compensation can you receive?

      Compensation may cover:

      • Medical treatment costs for your condition.
      • Income lost due to your illness.
      • Pain and suffering caused by the loss of your loved one.

      Loss of services claims

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

      How is compensation calculated?

      Calculating this compensation can be difficult since these aren’t paid jobs. Usually, courts consider factors like:

      • The deceased’s skills or profession.
      • The amount of time they spent providing these services.
      • How losing this help has affected you or increased the responsibilities for family members.

      Most cases don’t end up in court. Before any hearing, both parties are required to meet and try to negotiate a settlement. Because of this, around 95% of claims are resolved without going to trial. But if your case does need to be fought in court, we’re ready to see it through to the end.

      Medical negligence cases are complex, requiring expertise in both medicine and law to build a strong claim. A specialist lawyer can help you understand what went wrong with your treatment, whether negligence was involved, and the best strategy for maximising your compensation.

      When you choose our experienced medical malpractice lawyers in Sydney, they will:

      • Assess your claim’s validity and potential value.
      • Gather strong evidence proving the healthcare provider’s negligence.
      • Challenge the insurer’s medical and other evidence.
      • Guide you on the best steps if the insurer’s offer isn’t fair.
      • Identify any additional claims you may have that could increase your payout.
      • Fight to secure the highest possible compensation for you.

      After thousands of successful medical negligence claims, we know how to take on major healthcare insurers and exactly what evidence you need to prove malpractice. Plus, with our No Win No Fee Guarantee, there are no upfront costs — you only pay if we win your case.

      Along with your medical negligence claim, you may be eligible to access extra compensation through your superannuation. What you can claim depends on your specific super policy, but often includes:

      Super policies vary widely, and figuring out what you’re entitled to can be complicated. That’s why our specialist Sydney medical negligence solicitors will review your policy thoroughly, explain your entitlements in plain language, and help you secure every dollar you deserve.

      See more FAQs

      Get free legal advice

      Find out if you have a claim today.

      Start your claim checkMake an enquiryCall 1300 769 665
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      What our clients say

      When you walk through our doors, our top priority is to help you as much as we can. This commitment is shown in over 200 5-star reviews.

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      For anyone facing medical negligence issues, I highly recommend Monaco.

      I contacted Monaco in regard to a complex negligence claim. The team at Monaco were both approachable and professional. Their knowledge and commitment gave me confidence and a strong case, which ultimately led to a successful outcome.

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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.

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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 Sydney?

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

      We also collaborate with a trusted network of medical experts across NSW who provide independent assessments, detailed reports, and expert testimony to support your claim.

      Voted Australia’s ‘Compensation Law Firm of the Year 2020,’ we have the experience and skill to win even the toughest medical negligence cases.

      Contact our medical negligence lawyers today for free, thorough legal advice. We’ll listen carefully to your story, explain how we can help, and map out the best strategy to maximise your compensation.

      Speak to one of our friendly lawyers

      Email us 1300 769 665

      Medical negligence payouts in NSW

      View more case results

      $10 million

      Medical Negligence Lawyers in Sydney & NSW
      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...

      Read more

      $2.5 million

      Medical Negligence Lawyers in Sydney & NSW
      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...

      Read more

      $2.5 million

      Medical Negligence Lawyers in Sydney & NSW
      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...

      Read more

      $1.5 million

      Medical Negligence Lawyers in Sydney & NSW
      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...

      Read more

      $750,000

      Medical Negligence Lawyers in Sydney & NSW
      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...

      Read more

      $500,000

      Medical Negligence Lawyers in Sydney & NSW
      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 Sydney & NSW
      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 Sydney & NSW
      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 Sydney & NSW
      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 Sydney & NSW
      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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