Medical Negligence

Monaco Compensation Lawyers (MCL) has a dedicated team of medical negligence lawyers who deal specifically with medical negligence and medical malpractice claims.

This practice group is supervised by senior lawyers who are accredited as specialists in personal injury law and have many years of experience in this field. Our lawyers are widely known in the industry due to their track record of success in the field of medical negligence.

We are dedicated to supporting our clients at every stage of the process, from the initial consultation through to a resolution. we note that the expenses of preparing a claim can cause great concern, so we cover all expenses. We have the ability to go toe to toe with large insurance companies, who will often expend substantial resources defending claims.

Common Questions

What constitutes medical negligence and do I have a claim?
The law imposes a duty on your doctor, hospital or other medical service provider to treat you in a competent and professional manner. If they fail in this duty, they may be held liable for the injury and loss, which arises from their negligence. The law allows you to make a claim against a medical service provider if you establish that:
  • The medical service provider owed a duty of care to you. While doctors and hospitals owe a duty of care to their patients, the nature and extent of that duty will change depending on the particular circumstances of your claim;
  • That the medical service provider breached their duty of care. For example, your GP owes you a duty of care to properly investigate a health complaint. If they fail to do so, they may have breached their duty of care to you. This establishes negligence; and
  • That any injuries you have suffered were caused by the negligence of the medical service provider. In other words, you need to demonstrate that the health condition or injury is caused by failure to provide appropriate care for the patient.
Medical negligence covers a large range of issues in medical care, including, but not limited to:
  • Delayed diagnosis
  • Misdiagnosis;
  • Failure to provide appropriate treatment;
  • Failure to provide crucial post-operative care;
  • Failure to prescribe the correct medication and dosage;
  • Failure to provide referral to a medical specialist;
  • Failure to perform surgery with 'reasonable care' and skill;
  • Failure to return correct test results;
  • Failure to provide crucial post-operative care;
  • Failure to prescribe the correct medication (or incorrect dosage);
  • Failure to correctly monitor pregnancy/birth; and
  • Failure to warn.
As you can see from the above, medical negligence is much more than a simple mistake. The law is complex and claims require thorough preparation by an experienced lawyer. It is, therefore, crucial to obtain legal advice sooner than later. Call us on 1300 769 665 for a free consultation to discuss your options and see how we can help you.
What do I do if I believe that a medical service provider was negligent?
There are several steps you should take if you believe a medical service provider was negligent:
  • Keep copies of medical records, x-rays, scans and any correspondence between yourself and the other party;
  • Obtain legal advice regarding your rights and obligations;
  • Keep receipts and any other information of items you have spent money on that relate to your injury; and
  • Commence court proceedings within 3 years from the time when you became aware of the seriousness of your condition and the fact that this condition may have been caused by negligent treatment. You will also need to obtain appropriate medical evidence before commencing court proceedings.
To avoid losing your right to claim compensation, it is important to seek prompt legal advice sooner rather than later. Call us on 1300 769 665 for a free consultation to discuss your options and see how we can help you.
How can MCL help me?
MCL specialises in the area of medical malpractice. Over the years, we have finalised many hundreds of claims on behalf of our clients. Our specialist legal team is in constant contact with our panel of medical experts, who assist us in investigating and preparing our clients’ claims. Our team of specialised lawyers will:
  • Evaluate your claim;
  • Gather the necessary evidence, such as clinical notes and medical reports from your doctors;
  • Obtain the necessary medical evidence in support of your claim from our panel of medical experts;
  • Obtain additional evidence, which may be relevant to your claim, including documents from accountants, actuaries, occupational therapists and other experts;
  • Commence court proceedings where appropriate and navigate your claim through the court system;
  • Prepare all the necessary court documents, including statement of claim, statement of particulars, interrogatories and other material;
  • Ensure that you receive thorough and comprehensive advice at every stage of your claim, including settlement conferences, mediations and court hearings; and
  • Ensure you obtain the maximum compensation under the law.
Can I get free advice over the phone?
At MCL, our lawyers are more than happy to provide you with free initial advice over the phone. In fact, you will be able to speak to one of our specialists the very first time you call our office. Call us on 1300 769 665 for a free consultation with one of our lawyers to discuss your options. After your free initial phone consultation with one of our lawyers, we can arrange an appointment with you at any of our offices. In some cases, we understand that it may be difficult for you to travel. In this situation, we can always arrange a home or hospital visit.
Things you need to know about the claim process
In New South Wales, the relevant law with respect to medical negligence claims is called the Civil Liability Act 2002 (NSW). The law is quite complicated, however, some of its more important features are as follows:
  • It defines the types of compensation you can claim under the law;
  • It establishes time limits for bringing a claim against the medical service provider; and
  • It limits the recovery of compensation in certain situations.
  • Once medical evidence is obtained in support of the claim, we usually recommend that legal proceedings be commenced. Our experience is that most medical negligence disputes do not proceed to a court hearing. The courts now require that the parties attempt to resolve their dispute at a compulsory mediation before listing the matter for hearing. An overwhelming amount of claims resolve at or prior to this compulsory mediation.
The Courts ‘Case Manage’ proceedings to ensure they move through the system in an orderly manner. In our experience, a case commenced in Court will be completed approximately 1.5 to 2 years later. As you can imagine, different claims require different approaches. For example, a claim involving a minor injury can often be finalised within a short timeframe. On the other hand, major claims involving catastrophic injuries and multiple defendants require thorough preparation, evaluation and assessment resulting in longer timeframes - often several years. At MCL we have the resources and dedication to ensure that your claim is finalised in the shortest time frame possible without compromising the preparation of your claim. In our experience, a thorough preparation of a claim facilitates early resolution, such that the overwhelming majority of the claims we bring on behalf of our clients settle out of court. Call us on 1300 769 665 for a free consultation with one of our lawyers to discuss your options.
What sort of compensation am I entitled to under the law?
The law allows you to recover compensation with respect to the following:
  • Pain and suffering/non-economic loss in certain circumstances;
  • Past and future wage loss or loss of earnings;
  • Past and future loss of superannuation entitlements where appropriate;
  • Past and future expenses (such as medical, travel and home and vehicle modifications); and
  • Care and help provided by friends, family or commercial care costs.
The aim of the law is to put a monetary value on the losses suffered by an injured person. Call us on 1300 769 665 for a free consultation today to discuss your possible entitlements.
What will it cost – No Win No Fee Guarantee
Medical malpractice can often leave scars both physical and psychological. It can also lead to financial hardship. Add to this the pressures and uncertainty of litigation, and it can all be a bit too much. It is for these reasons, that:
  • We offer No Win No Fee Guarantee;
  • We offer free advice at your initial consultation;
  • We provide you with a simple and easy to understand contract before we begin the work; and
  • We provide a clear estimate of our legal fees before we begin the work.
What else can I claim – Superannuation/Total and Permanent Disability
Many superannuation policies provide cover for those who are totally and permanently disabled due to an incident. This cover will usually be in the form of a lump sum payment that is provided on top of any claims, such as a claim for compensation. Further, you may be able to receive some funds through a personal insurance policy. For example, this may be the case if you have life insurance, income protection insurance, or sickness and accident insurance, which may include provisions for compensation should you be injured in an accident. At MCL, we have a senior team of lawyers that are specialised in Superannuation/Total and Permanent Disability who can determine whether you are covered under this policy. For more information about superannuation claims, please visit superannuation claims. Call us today to talk to one of our experts at 1300 769 665.
Why choose MCL?
MCL is one of Australia’s premier medical negligence law firms. We are confident in our abilities. That is why we provide a ‘No Win No Fee Guarantee’ to all of our clients. This means that you will only need to pay us for our work if and when your claim is successfully finalised. Our lawyers have the expertise and experience to take on the big insurance companies, which usually represent medical service providers in these claims. We have the financial muscle to go the distance against the limitless resources that can be deployed by these insurance companies. At MCL you will have your own lawyer, who will always be available to answer your questions and provide advice in relation to your medical negligence claim.

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With offices in all Australian States and Territories, Monaco Compensation Lawyers is one of Australia's leading compensation law firms.