Medical Negligence

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

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.

• 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.

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

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.

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.

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.

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.

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.

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.