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Every day, hundreds of Australians undergo surgical procedures. Most of the time, everything goes to plan — but when something does go wrong, the consequences can be serious and long-lasting.
If you’ve been hurt because of a surgeon’s mistake or negligence, you may have a surgical error claim. You’ll receive compensation for all aspects of your injury, including lost wages, medical expenses, home care, and the emotional impact on your life.
Start your free online claim check
Find out if you’re eligible for a surgical error claim today.
For over 25 years, we’ve helped people injured by negligent surgeons get the compensation they deserve. These are some of the most common claims we’ve seen:
Performing an incorrect, inappropriate or unnecessary surgical procedure.
Failing to obtain relevant pre-operative images or information.
Using the incorrect size or type of implant or hardware.
Cutting or damaging nerves during surgery.
Puncturing arteries, vessels or organs during surgery.
Performing procedures that were outside of the surgeon’s expertise.
Not fully informing the patient of surgical risks or available alternatives.
Delaying surgical treatment, including delays in recognising and treating complications during surgery.
Providing inadequate post-operative care.
If you’re uncertain about your eligibility, contact us today. We have a dedicated legal team who specialises in medical negligence, including surgical error claims. In a free consultation, we’ll assess whether you have a claim and how much compensation you could receive.
What types of injuries or illnesses can I claim for?
You can make a surgical error claim for any injury or illness that results from a surgeon’s negligence. This includes:
Infections.
Permanent scarring or disfigurement.
Severe and ongoing pain.
Loss of limb or use of a limb.
Deep Vein Thrombosis (DVT).
Nerve, spinal, or brain damage.
Cardiac arrest or other heart damage.
Organ damage.
Internal bleeding.
Pulmonary embolism.
This is by no means a complete list — if you’ve developed an injury or illness because of a surgical error, you may have a claim. To confirm whether your injury qualifies for compensation, speak to one of our expert lawyers today.
How do I prove my surgical error claim?
It’s important to understand that not all surgical mistakes are considered negligence. To make a successful surgical error claim, you need to prove three key elements:
This can happen through either a negligent action or inaction. A negligent action includes leaving a scalpel inside your body after surgery. In contrast, a negligent inaction occurs if your surgeon doesn’t fulfil their expected duties, e.g. not providing proper care after your surgery.
To determine if a breach of duty has occurred, the ‘reasonable standard of care’ test is applied. This test evaluates whether another qualified surgeon, under the same circumstances, would have acted in the same way.
Several factors are considered in this assessment, including:
Whether your surgeon adhered to established professional standards and guidelines.
Testimonies from other surgeons in the same field.
The specific circumstances of your case, including the treatment provided and its context.
You must show a direct link between your surgeon’s breach of duty and your injury or illness. This involves meeting two criteria:
Causation: your injury or illness directly resulted from the surgeon’s actions or inactions.
Foreseeability: your injury was a ‘reasonably foreseeable’ outcome of the treatment (or lack thereof) provided by your surgeon.
You need to show that you’ve suffered injury and loss, which can include medical expenses, lost wages, and pain and suffering (the overall negative impact the injury has had on your life).
Establishing surgical negligence can be extremely complicated — that’s why our lawyers undergo rigorous training in both medicine and law. This unique dual expertise equips them to prove negligence in even the most challenging cases.
What compensation am I entitled to?
Compensation for surgical error claims varies widely based on the specifics of each case. While some claims might be settled for amounts between $100,000 and $200,000, others could exceed $10 million.
Depending on your situation, your compensation may cover:
Lost income: both past and future earnings, including superannuation.
Pain and suffering: compensation for the physical and emotional impact of your injury.
Care and support: this includes the cost of professional care or support from family and friends. You may also receive compensation if you can no longer care for someone who depends on you.
Other related expenses: medical bills, travel costs, and necessary modifications to your home or vehicle.
Amy wins for botched surgery — despite being warned of the risks
After a laparoscopic procedure to remove her ovaries and fallopian tubes, Amy experienced a perforated bowel, which left her unable to walk or return to work. The hospital argued that they were not liable since Amy had been warned about the risk of bowel perforation.
We used expert medical evidence to demonstrate that the hospital had not properly monitored Amy during the surgery or taken adequate precautions to prevent her injury. Our experts also proved that their negligence directly caused her condition. Armed with this evidence, we secured Amy a $2.5 million settlement plus a portion of her legal fees.
While you can file a surgical error claim on your own, we highly recommend consulting a specialist lawyer. Surgical error cases are complex, involving both negligence and medical law. Your lawyer will need an expert knowledge of both to win your claim.
An experienced medical malpractice lawyer will:
Listen to your story and provide free legal advice on your situation.
Collect strong evidence to support your claim, particularly in terms of negligence and your losses.
If required, dispute evidence from the other side using medical reports and expert testimony.
Offer a free second opinion if another lawyer has advised that you don't have a claim.
Identify additional claims, such as Total and Permanent Disability or workers compensation, which can significantly increase your total compensation.
Ensure you receive maximum compensation for your injuries.
Our surgical error lawyers are specially trained to take on the major healthcare insurers, collaborating with a wide network of medical experts to secure the compensation you deserve.
Below, you’ll meet some of our award-winning surgical error team.
Meet the team
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.’
Leon Monaco
Managing Partner
English, Russian
Workers Compensation, TPD, Motor Vehicle Accidents, Public Liability
For physical injuries, 3 years from the date of the surgical error.
For diseases or disorders, 3 years after:
• Discovering the disease or disorder, and
• That it was caused by your surgeon's negligence.
If you’re past the time limit for a claim, you’ll need to apply to the court for an ‘exception’. When considering your application, the court looks at factors like:
Whether you had proper legal representation.
Your efforts to seek medical or legal advice.
The length of the delay.
The severity of your injury.
Any attempts by your surgeon to prevent you from claiming.
We recommend consulting a lawyer before filing a delayed claim. A surgical error specialist can determine the most suitable exception for your situation and handle the application process on your behalf. We have a strong track record of successfully resolving delayed claims for our clients.
For more information on time limits and exceptions for surgical error claims, check out our complete guide.
The length of your case depends on its complexity and how long it takes for your injuries to stabilise. Typically, most surgical error claims are resolved within 12 to 18 months. Once we understand the details of your situation, we can give you a more precise timeline.
Surgical errors can happen for various reasons, even with highly skilled surgeons. Based on our experience, some of the most common causes include:
Human error: inattention, fatigue, distraction, or lapse in judgment by the surgical team.
Inadequate planning: insufficient planning or investigation before surgery.
Inexperience: the surgeon is a trainee or lacks experience with the specific type of surgery.
Improper techniques: the use of incorrect, inappropriate or outdated surgical techniques.
Poor communication: ineffective communication among the surgical team, including surgeons, nurses, and anesthesiologists.
Faulty equipment: the use of defective or inappropriate surgical tools and equipment.
While every case is unique, your claim will generally follow these steps:
In your free consultation, you’ll discuss your situation with one of our expert surgical negligence lawyers. We’ll evaluate whether you’re eligible to claim, estimate your potential compensation, and outline your chances of success. There’s no obligation to move forward, but if you choose to work with us, you’re covered by our No Win No Fee Guarantee.
Your lawyer will collect and review your clinical notes and medical history to build your case. You may also undergo an assessment by our medical experts to confirm your condition and its impact. We cover all these upfront costs, and you only pay if we win your claim.
We collaborate with our network of surgeons and other medical experts to gather supporting evidence for your claim. This includes expert reports and testimonies.
With this strong expert evidence, we’ll begin court proceedings by filing documents and exchanging evidence with the other party. Your claim then moves to mediation, where we handle all negotiations with the surgeon’s insurer to secure the maximum compensation.
Most cases are resolved during mediation and don’t go to court. However, if your case doesn’t settle, we’re ready to take it to court to fight for your full compensation.
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.
I would highly recommend Monaco for any cases of medical negligence.
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.
I was completely surprised and also delighted by the outcome. Thank you so much, Monaco Compensation Lawyers. You changed my life forever; for the better. We were extremely successful and I am forever thankful. God bless this amazing team.
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.
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.
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.
I was at rest in a very stressful situation, a bad situation. It was made to cope with because of the professionalism displayed at every turn by this super supportive team.
A Massive thank you to Daniella from me personally for all that you were able to accomplish in such a short time. To say I owe you is an understatement.
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.
Their communication was fantastic, and they would always let us know when they had an update or when they expected an update. If I had a question Ben was always happy to answer to the best of his knowledge and do extra research if he was un-sure. We went with Ben because he specialized in super and feel that he did an awesome job with our claim, I would definitely recommend Ben and his team. He was very professional but also had some empathy and understanding which was nice 🙂
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.
From the very first phone call, I was treated with respect and I was always kept in the loop of the status of my claims, Early Release of Super & TPD. Both claims have been successful.
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.
Everyone I dealt with were so kind and helpful. They helped me where I was finding things difficult due to caring for my mum. They kept me up to date on what was happening.
Monaco Solicitors are very professional and I would recommend them if you are looking for a good solicitor.
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.
Monaco Lawyers were keen to help me, understanding and easy to work with. I received more than I thought I would get with the help of one of the Monaco Lawyers who knew exactly what she was doing, and fought on my behalf for a very good outcome.
I continue to have problems with my foot, but I feel I have received justice for something that was completely not my fault.
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.
Suing a surgeon for negligence is a highly complicated process, so you need a lawyer who’s up to the challenge. Our skilled surgical error lawyers use proven legal strategies and in-depth medical knowledge to secure the compensation you deserve.
To strengthen your claim, we team up with a network of medical experts who offer independent exams, detailed reports, and powerful testimony. This kind of evidence is essential for proving negligence in surgical error cases — without it, you could miss out on your full compensation.
Awarded ‘Compensation Law Firm of the Year in Australia 2020,’ we’re experts at proving negligence, even in the toughest medical cases.
Contact us today for free, comprehensive legal advice. Learn about your options, how we can support your claim, and the best strategy to maximise your compensation.
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Amy wins significant payout for hospital negligence during surgery — despite being warned of the risks
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Use our online claim checker to instantly find out if you have a claim. Alternatively, just give us a ring — our expert lawyers are always ready to answer your questions.
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