Medical Negligence

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They have been in constant touch throughout the process

I have been client of Monaco solicitors since my hip replacement in 2016. Being 66 years of age it was hard to find solicitors who take on someone my age. So when Monaco Solicitors agreed to take me being specialists in medical negligence law I was very happy. Over past 4 years we went through lots of changes in my claim mostly due to being redundant due to COVID.

All the expenses were covered, they have been in constant touch throughout the process. Being in a different state didn’t represent any problem.

So if you find yourself in need of help, I can highly recommend Monaco Solicitors.

Thank you

Malvina Sheehy

Malvina Sheehy

Extremely compassionate and understanding

I would fully recommend Monaco Solicitors for several reasons. My case involved the death of my husband so it has been an extremely difficult time for me. My lawyer (Anthony Porthouse) and his team were extremely compassionate and understanding. They kept me up-to-date with the progression of the case and explored every avenue regarding getting me the best result. Trust was a very important factor and I trusted their judgement completely. I was treated with respect and not made to feel as though I was just another case. If you need a very good lawyer then I definitely would consider Monaco Solicitors. VH.

Val Hart

I got four quotes and they were the best price

Warren and his team went above and beyond to get me the best result in record time I am sure. I got four quotes and not only were they the best price, they were less than half of one of the firms you always see on TV. Seriously can’t thank these guys enough!

Myles Brown

We got a much better outcome than we thought possible

I highly recommend Monaco Solicitors to handle your case for the best possible outcome. They are great and Megg especially is the most professional and pleasant person to deal with. Megg communicated with us in a simple way that we could understand, she was very prepared with the case and presented it in such a way that the insurance company couldn’t find anything to say, just agreed with her.

Thanks to Megg and the team at Monaco Solicitors we got a much better outcome than we thought possible. We are thrilled with the care and dedication they provided to us.

Nada Jovanovic

Changed my life completely

Monaco Solicitors have managed to change my life completely. They have taken all stress off me resolving my legal matter in a very positive outcome. They have kept me closely updated on progress all the way through and returned my calls with an hour if I had questions or concerns. They also took the time to reassure me when I felt concerned or worried. The lady handling my case I was so comfortable with you would feel like a friend and I don’t believe that a better job could have been achieved. I would without hesitation recommend that anyone needing their services to go ahead without hesitation and the costs involved were so reasonable and I felt I had been given a bargain and very happy to pay. Thank you

Joy Kerr

I got all that I was entitled to

Monaco Compensation Lawyers have been a wonderful support during a difficult time. I am particularly grateful to both Kelly and Paul who sought to see I got all that I was entitled to and such amazing support throughout and at mediation. A big thank you to the whole team.

Kylie Selig

Go way beyond expectations to assist me. in anyway possible

I was looking for legal advice at a time in my life I can honestly say was horrendous, stressful and life changing. Through their support and guidance, especially Ginan Issa, who I would like to make a special thanks to for always keeping me fully informed, replying to me instantly and always seemed to go way beyond expectations to assist me in any way possible. I can honestly say that although it is a long and slow process it has been handled in a very professional and personal manner.

In a day and age where many services seem to be only providing the minimum in service delivery, this has not at all been my experience with Monaco Solicitors. I would highly recommend them to you and feel confident that you will also be met with a great service that really does care about your situation.

Steven Dunn

Took all of the worry of my claim away from me

My solicitor Ben and his assistants took all of the worry of my claim away from me (that is the reason that I had waited so long to appeal – as it was just too hard even though I knew I was in the right!!). They kept me fully informed of all developments and achieved what I believe to be a very successful outcome. I would very much recommend Monaco Solicitors for compensation litigation.

Peter Dorahy

Looked after me like I was part of their family

Where do I start omg Monaco Solicitors looked after me like a was part of their family, 24/7 they were there for me right from the front desk to the top.

They made me feel safe, cared for, loved, and only ever treated me with respect, loyalty, honesty, and compassion. A massive thank you to Ness (Vanessa), Mumma bear (June), my mate (Dylan), Emily and all the girls at the front desk that took my 10 calls a day lol.

I honestly think I have friends for life. Thank you all for having my back, love you all.

William Jones

Very happy when my claim was settled

I had a right below knee amputation after a nasty toe infection and I had Disability Insurance TPD, I was very confused on what to do next. A friend recommended I see a lawyer. After scrolling through the Internet for a lawyer I was thinking which one should I choose. After looking through profiles of lawyers to suit my needs I came across Monaco Solicitors. All my questions were answered and they assured me that everything would be ok because I was wondering how to pay the bills.

My solicitor was Daniella Dababneh who I recommend. She was a very knowledgeable and professional solicitor. So to cut a long story short I was very happy when my claim was settled, I got the outcome that I could be happy with so I can try to get on with my life. I highly recommend Monaco Solicitors and Daniella Thanks for all the good work. 5 Stars *****

Lee Eastough

Results came very quickly

Very responsive and great at keeping me updated all the way through my case. Results came very quickly and they were very comprehensive and accurate when representing my case. They always answered my questions and helped me understand the process along the way Very happy with this firm and would recommend.

Mario Gomes

I have my life back on track

I would recommend Monaco Solicitors to anyone looking for an outstanding compensation law firm. They are the best in the industry – experts in what they do and empathetic towards their clients, making them feel heard and supported. Can’t thank Monaco enough for their help, I can now have my life back on track.

Anna Davis

My case has just taken 3 months

I am so happy with the outcome of my case. Monaco Solicitors were very professional and their expertise and knowledge were comforting. Daniella was excellent to deal with. She kept in contact with me on a regular basis with up-to-date progress on my claim. I would recommend Monaco Solicitors to anyone needing help. All the team was very happy and helpful and always available to talk with you. My case has just taken 3 months to get an outcome from the time all the paperwork was completed. Which is an unbelievable time frame. I can’t thank them enough.

Kharli Green

Couldn't have asked for a better law firm

We contacted Monaco two years ago. We found them to be very thorough and professional. We were kept well informed of the progress of our claim. Maria Aravena was so professional and compassionate to our situation. They fought for us and got us the best possible outcome for our case.

Couldn’t have asked for a better law firm!! Highly recommended as negligence lawyers!!

Michelle Talbot

It was very stress free

I can’t thank Vanessa Mouawad Azzi and her team enough for the hard work they put in for my compensation claim. They made it so easy on me, and any time I needed to attend medical appointments for them, they paid the cost upfront for me, including flights, accommodation and “spending money”, which was paid back to them upon completion of the settlement. It was very stress free on me as a single mother. Thank you again. I highly recommend Monaco.

Tash Wallis

Won us the compensation we needed

Great team would highly recommend. They did so much work for us and their personal approach was amazing. They treated my wife and I with such care and won us the compensation we needed to get our life back on track. They really care about what they do and their clients.

If you want a personal approach and not just another client approach I have to say they will look after you.

Martin Glennan
Based on 181 Reviews

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, 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 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 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.

On the whole, 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 assistance provided to you by family and friends

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

What are common types of medical negligence claims?

Medical negligence can take many different forms. Examples of successful claims our team has handled include:

  • Surgical errors
  • Insufficient post-operative care
  • Improperly inserted medical implants or devices
  • Dental care injuries
  • Amputations
  • Failure to diagnose an illness
  • Diagnosis delays
  • Misdiagnosis
  • Failure to advise of medication risks
  • Pregnancy screening that fails to identify genetic conditions
  • Poor labour management that injures a newborn (birth injuries)
  • Anaesthesia errors
  • Cancer misdiagnosis

Which medical professionals can I 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

How long will my 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.

What are the 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.

Can I claim for 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.

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.

What other claims could 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.

My medical professional treated me without proper consent—what can I do?

Every medical professional owes their patient a duty of care. The trust we place in medical professionals, coupled with their specialised skills, means the law holds them to a high standard of care. This duty extends to obtaining informed consent, prior to administering any treatment.

What is consent?

In a medical context, there are two different types of informed consent: implied consent vs. express consent. Express consent is usually provided in written form, such as a written consent for medical treatment that explicitly relates to the procedure being performed. In contrast, implied consent is typically conveyed through the actions or conduct of the patient, such as rolling up your sleeves for a blood test. Implied consent can also include situations in which a patient has signed a general consent, allowing the medical professional to proceed with any necessary medical treatments.

Prior to some procedures, a surgeon will provide their patient with a pamphlet, which can be considered a form of informed consent.

There are also instances in which consent cannot be obtained, such as where a patient is unconscious or the situation is an emergency. In these cases, it is unlikely the medical professional will be found to have breached their duty of care.

Does my situation qualify as medical negligence?

When determining whether the consent related to your treatment by a medical professional amounts to medical negligence, it’s important to look at what was explained to you prior to the procedure.

You may have a claim for medical negligence if a medical professional:

  • Failed to obtain informed consent prior to performing a procedure on you, or
  • Failed to explain or warn you of the risks associated with the particular procedure and, if informed of those risks, you would not have proceeded, and
  • A complication arose as a result of the procedure and this was not explained to you prior, and
  • The complication or result caused injury to you

When determining whether or not a medical professional failed in their duty of care, an additional consideration is whether an industry peer within the same specialty would have acted in the same manner. This is a question that is required to be answered prior to the commencement of any medical negligence claim.

Though consent-based claims for medical negligence are incredibly complex, a skilled medical negligence lawyer can help you navigate your claim. If you’re looking to start a medical negligence claim, or unsure whether or not you have a claim, give us a call today. Our medical negligence lawyers will take you through your legal options in a free, obligation-free consultation.

What does not qualify as medical negligence?

Medical negligence is a highly complex area of law and, as such, the situations that qualify as medical negligence are broad-ranging and often nebulous.

However, in our experience, there are particular circumstances that do not satisfy a claim of medical negligence. These include (but are not limited to):

  • A complaint against a hospital, nurse or medical practitioner for their manner. While we understand this can be upsetting, unfortunately poor bedside manner does not satisfy the threshold for negligence.
  • A situation where the patient’s condition worsens for unknown reasons, despite the medical professional meeting acceptable standards of care.
  • Minor injuries as a result of treatment, e.g. bruising from an injection or at the site of a medical treatment that the patient consented to.
  • The occurrence of an injury, adverse outcome, or tragedy, despite the medical practitioner following best practice.
  • A reaction to a COVID-19 vaccination. While this does not qualify as medical negligence, there is government assistance available for those have been hospitalised due to vaccination.

How do I prove negligence?

To prove medical negligence, you need to show that a medical treatment or a procedure fell below the standard of care reasonably expected from a medical professional within the same field of expertise.

An example of negligence

Jenny visits her GP numerous times over several months, complaining of severe headaches. The GP tells Jenny to take Panadol and does not do any further testing to investigate the headaches. Jenny then suffers from a cerebral aneurysm which results in major surgery and lifelong complications.

In this scenario, we would need an expert GP to comment on the treatment and care provided to Jenny, and to provide an opinion as to whether that care fell below the standard expected of a GP.

Expert opinions

We have a dedicated panel of experts and specialists who we call upon to provide these opinions. The law requires a favourable expert opinion to be provided prior to the commencement of any claim for medical negligence.

If the expert opinion appears to be favourable (in that the practitioner fell below the standard of care), you may have a claim for medical negligence.

Duty of care

Importantly, proving negligence also involves establishing that your medical professional breached their duty of care. This means that you may have a case for medical negligence if you can show:

  • Your medical professional or service provider owed you a duty of care, e.g. a doctor, dentist, or hospital.
  • They breached their duty of care to you, e.g. if a GP does not investigate a health complaint properly, they may have breached their duty of care.
  • A direct link between your current health condition and the provided by the medical professional. That is, their negligence caused your injury.

A medical professional has misdiagnosed my illness, do I have a claim?

A misdiagnosis from a trusted medical professional can have a drastic impact your life. If a medical professional has misdiagnosed your illness, you may have a claim for medical negligence.

It is important to recognise that not all cases of misdiagnosis are also cases of medical negligence. For a claim to be successful, there must be clear evidence that supports the following:

  • A medical professional with similar training would not have made the same mistake, and
  • You have suffered harm or injury as a result of the misdiagnosis.

In order for a medical negligence claim for misdiagnosis to be successful, both of these criteria must be satisfied.

Another factor to consider is whether or not another treatment or earlier diagnosis would have resulted in a better outcome. This can relate to whether or not a patient is terminally ill, whether another treatment would have had a better result, or whether the date of their diagnosis had an adverse effect on their life expectancy.

Given the complex nature of misdiagnosis claims, it is essential to get legal advice from a specialised medical negligence lawyer. Call today for a free initial consultation: our team will listen to the facts of your case and provide obligation-free advice on where you stand.

Can I make a claim for a botched cosmetic surgery?

With the rise in popularity of cosmetic procedures and body modifications—from permanent implants to temporary injectables like Botox and filler—there has been a corresponding increase in the number of people looking to make medical negligence claims for botched cosmetic procedures.

For a medical negligence claim to be successful, you must prove that a medical professional breached their duty to care to you. Medical professionals who owe you a duty of care include doctors, nurses and dentists, as well as public and private organisations such as hospitals. If a registered plastic surgeon or registered cosmetic practitioner botched your cosmetic surgery, they owed you a duty of care and you may have a claim. Get in contact today for your free initial consultation, and one of our lawyers will talk you through your options.

Cosmetic vs plastic surgery

If you had cosmetic surgery or body modifications, these practitioners do not, unfortunately, owe you a duty of care. The Medical Board of Australia provides the following definitions as to cosmetic medical and surgical procedures:

Medical and surgical procedures are operations and other procedures that revise or change the appearance, colour, texture, structure or position of normal bodily features with the dominant purpose of achieving what the patient perceives to be a more desirable appearance or boosting the patient’s self-esteem.

  • Major cosmetic medical and surgical procedures (‘cosmetic surgery’) involve cutting beneath the skin. Examples include: breast augmentation, breast reduction, rhinoplasty, surgical face lifts and liposuction.
  • Minor (non-surgical) cosmetic medical procedures do not involve cutting beneath the skin, but may involve piercing the skin. Examples include: nonsurgical cosmetic varicose vein treatment, laser skin treatments, use of CO2 lasers to cut the skin, mole removal for purposes of appearance, laser hair removal, dermabrasion, chemical peels, injections, microsclerotherapy and hair replacement therapy
Anyone claiming to be a doctor, dentist or nurse, must be registered to practice in Australia. Check the national online register of practitioners on the Australian Health Practitioner Regulation Agency.
This is where you can make sure the practitioners involved in your procedure are registered in Australia.
It is important to note that a significant injury has to have occurred from the cosmetic procedure for it to be considered a viable claim. A slight reaction such as minor scarring, a rash or bruising will not satisfy the test for medical negligence.

What to do about a botched cosmetic procedure

If you have suffered an injury at the hands of a cosmetic therapist, such as a beauty therapist or tattooist that is known to perform body modification procedures, then unfortunately you do not have a medical negligence claim. Instead, you may be able to make a public liability claim for their ‘provision of service’.

You may also make a formal complaint to your state’s health ombudsman or health care complaints commission, who will investigate your complaint. On certain occasions, the ombudsman or commission’s findings can result in you having a claim.

Links to the relevant state complaints commissions can be found below:

NSW – Health Care Complaints Commission

QLD – Office of the Health Ombudsman

WA – Health and Disability Services Complaints Office

VIC – Health Complaints Commissioner

TAS – Health Complaints Commissioner Tasmania

Who pays the compensation?

All medical practitioners are required by law to have Professional Indemnity Insurance (PII), which protects them from personal liability in the event that their treatment (or lack of treatment) causes illness or injury.

If you are successful in your negligence claim against a medical professional, the insurance company who covers their PII will pay the compensation on behalf of the practitioner or medical facility. There are rare exceptions where a medical professional may be personally liable, such as when they have stopped practicing prior to the claim. Our lawyers can easily find out if and when a practitioner has stopped practicing, and if they will have available assets to be sued at law.

98% Success Rate

We have one of the highest success rates in the industry. This doesn’t just happen. It’s our hard, diligent work that gets results. We leave nothing to chance in preparing your claim, so you get the result you deserve.

What to look for in a Medical Negligence team

Medical negligence is the most technically challenging area of compensation law. Your lawyer will need not only excellent legal skills but also specialist medical knowledge to prepare your case properly.

Your lawyer will also need to have access to and work hand in hand with an extensive network of medical experts to build your case.

Contact a Lawyer Now

Award-Winning Lawyers

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

Medical Law Specialists

We have an expert team of lawyers dealing exclusively with medical negligence, led by Accredited Specialists in Medical Law. Many of our lawyers also have medical backgrounds.

We Maximise Your 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.

34 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.

Millions won for our clients

Here are some examples of our firm’s recent wins

$10 million

Sam suffered catastrophic brain injuries due to an improper surgery

Sam suffered catastrophic brain injuries, resulting in neurological impairment and quadriplegia because the hospital failed to appropriately treat him during surgery.

Before the surgery, Sam was healthy, married with children and was in good professional employment. After the surgery, he was unable to speak, walk, swallow and required 24-hour care. He was unable to look after himself or manage his own affairs. The burden of looking after him and the family fell to his wife. Eventually, it was Sam’s wife who contacted us and asked us to investigate the possible claim against the hospital.

One of our most senior Medical Negligence lawyers took the case and began contacting our extensive network of highly skilled medical experts. The Medical Negligence team gathered evidence from these experts that the hospital breached their duty of care and negligently caused our client’s injuries. Once we had all the evidence we needed, we commenced proceedings in the Supreme Court, where the hospital and its legal team vigorously defended itself.

We successfully defeated their defence and rebutted the majority of medical assumptions relied upon by the hospital. Mindful of the substantial expenses associated with litigation, we arranged for the parties to participate in a Mediation to attempt to resolve the matter without proceeding to a hearing in court.

At the mediation, we negotiated a $10 million settlement for Sam and his family.

$4.5 million

Rebecca approached us after a major firm advised her she did not have a viable claim

Rebecca was 35 years old when she developed a kidney stone which was scheduled for surgery. Prior to the surgery, she was admitted to a Melbourne public hospital with an infection and then developed a pulmonary embolism. In the meantime, Rebecca developed neuropathy in her lower limbs and required extensive hospitalisation. By the time Rebecca was discharged from the hospital, she was unable to walk and confined in a wheelchair.

Rebecca was a paraplegic when she was discharged from the hospital. Her feet now turn in at right angles at her ankles. She may require amputation in the future. Rebecca had a long history of severe asthma and anorexia. We qualified a number of experts to comment on the nature and extent of Rebecca’s injuries and disabilities.

We accepted the claim even though it had been rejected by another major law firm and even though the limitation period was about to expire.

The matter was settled at a mediation for $4.5 million. Rebecca would have received no compensation had she accepted the advice of her former solicitors. While no amount of money can properly compensate Rebecca for the suffering she has endured, at least Rebecca can now achieve some level of comfort and support for the remainder of her life.

$2.5 million

Nadia was diagnosed with Cerebral Palsy after negligence at birth 13 years ago

Nadia was 13 years old when she came to us, having been diagnosed with cerebral palsy. After investigating her claim, the Medical Negligence Team found that there were multiple failures on part of the midwife present and hospital staff generally.

When Nadia was born she was blue in appearance. She did not move or cry. An attempt was made to revive her, which eventually succeeded. When she was about 18 months old, Nadia was diagnosed with Cerebral Palsy.

Nadia’s mother felt that there had been negligence on the part of the hospital, and she wanted to secure Nadia’s future for her. She came to us and we commenced court proceedings in the Supreme Court of NSW.

Our Medical Negligence team got to work with our extensive network of obstetric experts. We gathered evidence that her mother’s labour was allowed to go for too long, that the baby was in distress but that this was ignored and that no x-rays were performed before the birth.

Our team consulted with other medical experts to ascertain Nadia’s present and future needs. One of the difficulties we faced was Nadia’s age. A child psychiatrist who examined Nadia on our behalf said that it was too early to determinate what will happen to Nadia in the future with respect to her condition. Court proceedings needed to be paused temporarily to ensure that proper reports were obtained regarding Nadia’s future.

After approximately a year and a half, Nadia was re-examined by the same child psychiatrist who provided a comprehensive report dealing with her future needs and limitations. After this and other reports became available, court proceedings were ‘unfrozen’ and we successfully settled Nadia’s claim for $2.5 million.

$2.5 million

Ebony was left paraplegic after an attempted suicide

Ebony was 38 years old when she attempted suicide by jumping from a third floor balcony. Ebony did not die in the fall but suffered a crush fracture of her vertebrae and as a result is paraplegic. Ebony had a long history of mental illness and a few days before her fall she had been admitted to a public hospital after another failed suicide attempt in which she had taken a vast quantity of Valium. The hospital initially made an involuntary treatment order under the Mental Health Act but then removed the order early the next day. Ebony was discharged home to the care of her daughter who was then only 17 years of age. Ebony was still under the effects of the Valium that she had taken the day before.

The paraplegia combined with her mental health issues has made her life extremely difficult. She requires assistance with most activities of daily living, particularly showering and transport. She requires assistance with her personal care and housework. She has been lucky to have the support of her mother and daughter who have helped her enormously with her injuries.

Our Medical Negligence team qualified three expert psychiatrists to comment on the treatment Ebony received at the hospital. The experts said she should not have been discharged into the care of a 17-year old. Further, they commented that the follow-up, in which a community nurse visited Ebony daily, was also inadequate given what had occurred.

The matter was very hard-fought by the defendant. We fought a number of interlocutory applications by the defendant seeking orders to Amend the Statement of Claim and plead the limitation periods. The matter had two mediations and resolved at the second mediation for the sum of $2.5 million inclusive of costs. This was an excellent result given the complexities of the issues and the expert evidence served by the defendant. Ebony and her family were very grateful for the result which will make her life more comfortable in the future.


Lily claimed for psychiatric injuries caused by the death of her husband

Lily was only 53 years old when her husband, Albert, died in tragic circumstances at a public hospital. Albert had attended the hospital with calf pain, shortness of breath and tachycardia. He was discharged after about 2 ½ hours. The next day he presented again with similar symptoms. CT angiogram was performed that showed evidence of a significant major pulmonary embolism and right heart strain. Unfortunately, Albert then suffered a cardiac arrest and died in the hospital.

Lily suffered severe depression and a Post Traumatic Stress Disorder as a result of Albert’s death. We qualified an expert emergency physician to comment on the treatment Albert had received on the two presentations to the emergency department. The expert confirmed that had investigations been carried out Albert would not have suffered the heart attack and died.

Our Medical Negligence team made a claim for Lily’s psychiatric injury and for the loss of financial support and domestic services she would have received from Albert had he survived a normal life expectancy.

The matter was resolved at a mediation for the sum of $900,000 inclusive of costs. Although Albert was 63 years of age at the time of his death, he had a high earning job with Blue Scope Steel and expected to work until the age of 70. He provided extensive domestic services to Lily including transporting her to and from work. Although no amount of compensation can properly compensate for the loss of life, Lily was satisfied with the ultimate result.


Dentist performed tooth extraction poorly causing significant consequences

Liam was 47 years old when he attended a dentist with an infected tooth. Liam had undergone radiotherapy 10 years earlier for mouth cancer. Another dentist had told him previously that before having a tooth extracted he needed hyperbaric oxygen treatment to strengthen the bone. The dentist extracted the tooth without requiring Liam to have a course of hyperbaric treatment. He failed to perform the extraction properly and failed to provide proper follow-up. Liam attended a major public hospital because his infection was not healing. He was again sent away with antibiotics but with no proper plan for follow up.

Liam suffered osteoradionecrosis in his jaw, meaning the bone in his jaw died. He required his necrotic jaw to be removed and replaced with a bone graft. The bone graft was provided by the fibula in his right leg. As a result of jaw surgery, Liam suffered severe scarring and facial deformity. The loss of the fibula in his right leg has caused severe disability with walking and mobility. As a result, Liam was unfit for his pre-injury work as a motor mechanic. Liam also suffered severe depression and Post Traumatic Stress Disorder because of his severe injuries.

Expert evidence established that there was a breach of duty of care by the dentist in the way the tooth extraction was performed and in respect of inadequate follow-up. This also extended to the hospital.

The matter was settled for the sum of $850,000 plus a significant allowance for Liam’s legal costs. Both the dentist and the hospital contributed to the settlement.


Elizabeth was negligently discharged from hospital after havinga stroke.

Elizabeth was 66 years old when she was taken by ambulance to a public hospital in regional New South Wales. She had become dizzy, suffered a right sided headache behind the eye and loss of function down her left side. She was taken to hospital but discharged 2 ½ hours later. The next day she again collapsed at home and an ambulance was again called and she was taken to the same hospital. She was then transferred to a second hospital where an MRI showed that she had suffered an acute stroke. As a result of the stroke, Elizabeth suffered a brain injury with loss of strength on her left side. She also suffered frequent headaches, blurred vision, impaired speech and difficulty concentrating.

Our Medical Negligence team qualified an expert emergency physician who confirmed that Elizabeth had not received adequate treatment during her first presentation to the hospital. There had been an incorrect diagnosis and if Elizabeth had been properly diagnosed and treated with medication then she would not have suffered the second stroke.

Despite Elizabeth’s age and the fact that there was no claim for economic loss, Elizabeth’s claim was settled at mediation for the sum of $750,000.


Hospital staff fail to recognise signs of foetal compromise during birth

Sarah suffered injury at birth due to shoulder dystocia. Shoulder dystocia occurs when the baby’s shoulder gets stuck behind the mother’s pubic bone during birth and creates depravation of oxygen. Although Sarah suffered severe foetal hypoxia at birth and was clinically dead for approximately 10 minutes, she has had a good recovery and shows only mild intellectual deficits.

Our Medical Negligence team gathered evidence from many medical experts to support Sarah’s claim, particularly an expert professor in obstetrics and gynaecology who said that the hospital staff had failed to recognise signs of foetal compromise during the delivery and had not reacted adequately to the poor progress of the labour.

In February 2020, Sarah’s claim was resolved shortly after mediation for the sum of $550,000 plus an allowance for part of Sarah’s legal fees in the sum of $185,000.

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  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 evidence to support your case, we commence court proceedings.
  5. You get compensation and 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, 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.

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