Medical Negligence

Have you suffered an injury while in the care of a medical practitioner? We’re here to help.

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Common Questions

Do I have a 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 and hospital
  • 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 don’t, they may have breached their duty of care to you.
  • Their 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 more than a simple mistake. An experienced lawyer will be able to establish if you have a claim and then guide you through the process of getting the compensation you deserve.

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 your 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 where compensation is in excess of $10,000,000. Regardless of the size of the claim, our lawyers are equipped and trained to extract the maximum possible compensation you deserve.

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 the case to court if and when required.

What should I do if I believe my doctor of hospital has been negligent?

  • Step 1: Get legal advice as soon as possible. Just 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 medical practitioner (our team 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).

What if I need the money now?

If you experience financial hardship as a result of your injury, 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 circumstances of each particular case, but we have done this successfully for many clients, so don’t hesitate to speak to us if this applies to you.

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

In Australia (unlike USA) you can’t claim on behalf of the person who died, but you and your family members may have a claim for:

  • Nervous Shock – the emotional impact that the death of your family member had on you and your family
  • Compensation to Relatives – when family members were financially dependent on the person who died, they may claim for this loss

What other claims do I have?

In addition to your claim for medical negligence, you may have 2 more claims for what’s called 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 and can pursue your 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). Be confident your Medical Negligence claim is in expert hands.

Medical Specialists

We have a large team dealing exclusively with Medical Negligence, headed up by Accredited Specialists, who know Medical Law inside and out. Many of our lawyers have medical backgrounds, and are supported by a network of experts who know how to tease out the vital details of your case. So no matter how complex your claim, we have the expertise to handle it successfully.

We Maximise Your Medical Negligence Payout

Don’t let the insurance companies pay you less than your claim is worth. Know that all of our lawyers make it their business to get you maximum entitlements.

Our Unique Perspective

Many of our lawyers worked for insurers before joining us, so we know how to cut through the strategies and tactics insurance companies might use to put you off or decline 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.

Fast-Tracked Claims

We have developed procedures that mean your claim can be lodged quickly, so you get to access your valuable benefits sooner.

What to expect during your Medical Negligence Claim Process

We understand that the idea of taking on the medical profession is daunting. But don’t worry. You’ll have your own lawyer who will guide and support you through the entire process. We handle everything, so that you can focus on your recovery.

  1. You get in touch for your free consultation You get the ball rolling by telling one of our team what happened. It’s most likely this lawyer who will see your claim through to its successful completion.
  2. We get your medical records Your lawyer will review your clinical notes and analyse the medical history. We then begin to consider the best way to prepare your case and which medical experts to brief in support of your case.
  3. We get expert medical advice to support 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. Sometimes you will need to visit our doctor(s), but we will organise and pay for everything.
  4. We file documents in Court Once we get the expert medical opinion in support of your claim, we will then recommend that court proceedings be commenced. Time to prepare court documents and file them in the relevant court.
  5. You get compensation and can move on with your life

    95% of cases don’t go to Court. They get resolved at a settlement conference. In this situation your lawyer will manage all the negotiations with the insurer, to get the best possible result for you.

    In the rare instance where your case doesn’t settle, your lawyer will discuss your options with you. If you decided to go to trial, we have the financial muscle and experience to go the distance for you.

Find out where you stand free of charge

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