Medical Negligence

Medical negligence is the failure of your health-care provider to treat you with reasonable skill and care, causing you injury as a result. So that’s not just doctors, but any medical professional from dentists to physios, psychologists to plastic surgeons.

What is classed as medical negligence?

Common examples include:

• Misdiagnosis or delayed diagnosis
• Surgical errors (your operation went wrong)
• Defective medical products
• Anaesthesia errors
• Prescription or medication errors
• Injuries during child birth, including stillbirths and neonatal deaths
• Failure to refer for further tests, or to specialists or for emergency treatment
• Injuries from inadequate medical care overseas
• Cerebral palsy claims
• Catching an infection in the hospital

Medical negligence can also be something the practitioner failed to do, including:

• Failure to return test results
• Failure to provide proper post-operative care
• Failure to monitor pregnancies correctly

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 and hospital. The extent of that duty will depend on the facts of your particular case.

• The medical service provider breached their duty of care to you

  For example, your GP owes a duty of care to investigate any health complaint properly. If they fail to do this, they may have breached their duty of care to you.

• The negligence caused your injury

  You need to show a direct link between your current health condition and the treatment provided by the doctor or hospital.

Medical negligence is much more than a simple mistake. An experienced lawyer will be able to establish very quickly if you have a claim and then guide you through the process of getting the compensation you’re entitled to.

You can claim for:

• Your pain and suffering, both physical and emotional.
• Loss of past earnings
• Loss of future earnings
• Loss of past + future superannuation entitlements
• The cost of medical expenses (including travel to appointments and the cost of home & vehicle modifications)
• The cost of care and help provided by your friends or family
• Professional care costs

How long is a piece of string? Each case turns on its particular facts and the law that applies to the circumstances of the case. At the lower end of the range some claims are limited to $100,000 - $200,000 in damages. At the opposite end of the range there are cases that attract damages in excess of $10,000,000. We use our knowledge of the law and reputable medical experts to ensure that our clients receive maximum compensation permitted under the law.

Most probably not. Almost all medical negligence claims settle before they go to court by way of negotiation.

All medical law claims are different, but the steps are the same in every case. We guide you through every step of the way until we get the compensation you deserve.

• You make an enquiry

  You don’t even need to leave the house to get advice on whether you have a claim. If your call during business hours, often you can speak to a lawyer about your case then and there. And if you’ve emailed an enquiry, a lawyer will get back to you within 24 hours.

• Your free consultation

  You and your lawyer talk through what happened in detail and we advise you on the best way to proceed. If you're too unwell to travel, we can teleconference, or come to you at home or in the hospital.

• We get your medical records and review them

  We obtain your medical records and consider whether you do indeed have a claim against your medical practitioner. If you do, we begin work for you on a ‘No Win, No Fee’ basis.

• We get independent expert medical advice on your claim

  We have an extensive network of medical experts who go through your case with a fine-tooth comb, collecting the evidence we need to support your case.

• We file documents in Court

  If our experts agree that the standard of care was inadequate, then we lodge documents in Court and start preparing the liest possible case for you.

• You get compensated and can move on with your life

  Most cases don't go to Court. They get resolved beforehand at a settlement conference. We manage all negotiations with the insurer to get the best possible settlement for you.

In the rare instance (2%) where your case doesn't settle, we discuss your options, give you advice and support you whatever you decide. If you decide to go to trial, we have the financial muscle and experience to go the distance with you.

You can’t claim on their behalf, but you have a claim for:

• Nervous Shock – if your grief in response to the death is significant
• Compensation to Relatives – if you, or your child, was financially dependent on the person who died, then yes you can claim.

You should take the following steps:

• Step 1:

  Get legal advice as soon as possible. Just talking to someone with knowledge and experience, can 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 medical practitioner (we can request these for you).

• Step 3:

  Collect copies of all your receipts relating to the medical and other expenses associated with your injury (again, we can help with this).

• Step 4:

  Obtain appropriate expert medical evidence before commencing court proceedings (once again, we handle this for you).

If you need financial assistance as a result of your loss or injury, in certain cases we can apply to the court on your behalf for an interim payment. If the application is successful, you will get part of your compensation before your claim is fully finalised. This type of application depends on the facts and circumstances of each particular case, but we have done this successfully for many clients, so speak to us if this applies to you.

We have what it takes to meet the large insurance companies head-on.

• Experience

  We have over 20 years of experience resolving hundreds of complex claims so we can assess, value and prepare your case to get you the maximum compensation, in the shortest time.

• Skill

  Our medical negligence team is lead by Accredited Specialists, recognised by the Law Society as the best of the best. They are supported by an extensive panel of medical experts who know how to tease out the vital details of your case.

• Size

  As one of Australia's largest compensation firms, we have the financial muscle to go the distance against the limitless resources of the large insurers who are representing your medical practitioner.

• Reputation

  Within the industry, our reputation for being tough, experienced and well-prepared means that the insurance companies respect us and are more likely to offer you fair compensation for your injury or loss.

• Care

  It’s is a tough time for you, full of financial and emotional challenges and uncertainty. With us, you have your own lawyer the whole way through, who will guide and support you through the entire claims process.

• Award winning

  Know that we are recognised, both in Australia and internationally, for the work we do.

  • Most Outstanding Australian Compensation Law Firm (AI 2019 Excellence Awards)
  • Personal Injury Law Firm of the Year (ACQ5 Global Awards 2018)
  • Most Outstanding Australian Compensation Law Firm (Global Excellence Awards, 2018)
  • Personal Injury & Superannuation Law Firm of the Year in Australia (Corporate Intl Global Awards, 2018)
  • Kelly Keane, Partner, Personal Injury Lawyer of the Year, Australia (Women in Law Awards, 2018)

In addition to your claim for medical negligence, you may also have 2 more claims for Total and Permanent Disability (TPD) under your:

• superannuation
• 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. If you are, they have the experience to pursue your rights with insurance companies, who are not always ready to pay initially.