Medical Negligence

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Common Questions

What types of medical professionals can I make a claim against?

We have successfully won compensation on behalf of clients who have suffered negligence at the hands of various types of medical professionals and facilities, including:

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

Do I have a medical negligence claim?

You have a claim against a medical service provider if you can show:

  • The medical service provider owed you a duty of care. You are owed a duty of care by your doctor, dentist, or hospital.
  • The medical service provider breached their duty of care to you. For example, your GP owes you a duty of care to investigate any health complaint properly. If they don’t, they may have breached their duty of care.
  • Their negligence caused your injury. You need to show a direct link between your current health condition and the treatment (or lack of treatment) provided by the healthcare professional.

We will be able to establish whether you have a claim and guide you through the process of getting the maximum compensation you deserve.

What should I do if I believe my doctor, dentist or hospital has been negligent?

  • Step 1: Get legal advice as soon as possible. Talking to someone with knowledge and experience will take a weight off your shoulders.
  • Step 2: Collect copies of your medical records, X-rays, and scans, as well as any correspondence between you and your medical practitioner (our team can also request these for you).
  • Step 3: Collect copies of all your medical receipts and any other expenses related to your injury (again, we can help with this). We will claim all these back for you.

What can I claim for?

Your claim will include financial compensation for:

  • Pain and suffering
  • Loss of enjoyment of life
  • Past and future medical expenses
  • Past and future professional care costs
  • Loss of past and future earnings
  • The commercial value of care and assistance provided to you by loved ones

How much compensation will I get?

There’s no absolute answer to this. Each case turns on its particular facts and the law that applies to the circumstances of that case.

At the lower end of the range, some claims are limited to $100,000 to $200,000 in damages. At the opposite end of the range there are cases where compensation is more than $10 million.

Once you get in touch, one of our team will be able to give you an estimate based on your particular situation.

Will my case go to court?

Probably not. Courts throughout Australia now have a compulsory process that requires the parties to meet and negotiate in good faith before the case is given a date for a court hearing. As a result, about 95% cases settle out of court. Having said this, we will not hesitate to take your case to court if required.

Can I claim on behalf of a family member who died?

In Australia you cannot claim compensation on behalf of a person who has died due to medical negligence, but you and your family members may still have a claim for:

  • Nervous shock – caused by the emotional impact of the death for you and your family.
  • Compensation to relatives – when family members were financially dependent on the person who died, they may claim for this financial loss.

How long will my medical negligence claim take?

That all depends on your case -  how complex it is and how long it takes for your condition or injuries to stabilise. As a general guide, most medical negligence compensation claims take between 12 to 18 months to finalise.

We will be able to give you a good estimate of how long things will take once we know the facts of your particular situation.

How long do I have to claim (time limits)?

Every state in Australia has different laws on this. In some states you have three (3) years from the date of injury to start court proceedings. In others you have three (3) years from the date you discovered you have a serious injury.

There are major exceptions to these rules, so this is where expert legal advice can make a real  difference. If you believe you are a victim of medical negligence, get advice from a specialist lawyer as soon as possible.

What other claims do I have?

In addition to your medical negligence claim, you may have other claims for what is called Total and Permanent Disability (TPD) under your:

  • Superannuation policy
  • Personal insurance policies, or both

We have a team of lawyers who specialise in superannuation, TPD and life insurance claims. They can tell you straight away if you are covered under any of these policies and will pursue all your potential entitlements with the insurance companies.

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98% Success Rate

We win the overwhelming majority of our cases. This doesn’t just happen. It’s hard, diligent work that gets these results. We leave nothing to chance in preparing your claim, so you get the result you deserve.

Why choose our team of Medical Negligence Lawyers?

Medical negligence is, without question, the most complicated and technically challenging area of compensation law. Only the brightest and most committed lawyers can bring together the medical and legal detail needed to go head to head with the insurers. Our team of medical negligence lawyers are leaders in their field and have been recognized as such by independent groups and legal professional associations.

Medical Negligence payouts generally involve large sums of money. This means the insurance companies will work hard to knock back claims. You need a legal team that has not only the skill, but also the financial muscle to go the distance against the insurers.

When you put our experience and commitment in your corner, your chances of success get much, much greater.

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Award-Winning Lawyers

In 2020, we were awarded “Medical Negligence Law Firm of the Year (Global Business Magazine) and “Compensation Law Firm of the Year in Australia” (Global Law Experts).

Medical Specialists

We have a large team of lawyers dealing exclusively with medical negligence, headed up by Accredited Specialists in Medical Law. Many have medical backgrounds, and are supported by a network of experts who know how to tease out the vital details of your case.

We Maximise Your Medical Negligence Payout

Know that all of our lawyers make it their business to get you maximum entitlements. Insurers will try, but we won’t let you settle for less than we know your claim is worth.

Our Unique Perspective

Many of our lawyers have worked for insurers before joining us. So we understand the opposition and know how to cut through the tactics insurance companies might use to put you off your claim.

27 Offices Australia Wide

With offices all over Australia, we can help you wherever you are. And if you are too sick to travel, we can organise video conferencing, or come to you in person.

Financial Muscle

Medical negligence claims are expensive to prepare. We have the financial muscle to cover all your expenses and go the distance against medical insurers.

What to expect during your Medical Negligence Claim Process

We understand that the idea of taking on the medical profession is daunting. This is why we thought it was useful to take you through the basic steps of your claim. Throughout, we take care of everything, so that you can focus on your recovery.

  1. You get in touch for your free consultation You tell one of our team what happened. It’s likely the lawyer you speak to will see your claim all the way to its successful completion.
  2. We get your medical records Your lawyer will review your clinical notes and analyse your medical history to start building your case.
  3. We get expert medical advice to support your claim We collaborate with our medical experts and collect the evidence needed to support your case. Sometimes you may need to visit our doctors, but we organise this and pay for everything.
  4. We file documents in Court Once we get expert medical opinions to support your claim, we will then recommend that court proceedings be commenced.
  5. You get compensation and can move on with your life

    The overwhelming majority of cases don’t go to Court – they get resolved at a settlement conference. During this conference, your lawyer manages all the negotiations with the insurer, to get you the best possible result. This is where all the preparation and experience pays off.

    In the rare instance where your case doesn’t settle, your lawyer will discuss your options with you. If you decide to go to trial, we have the financial muscle and skill required to get you the compensation you deserve.

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