What is a medical negligence claim?

Medical providers owe you a 'duty of care' to exercise reasonable skill, judgement and care when examining, diagnosing, treating and advising you. If they breach that duty, this could be considered medical negligence or medical malpractice. If you are injured in their care, you may be able to make a medical negligence claim and they may be liable for any harm caused. A medical negligence lawyer can help you understand your options and to get the compensation you're entitled to.

What is considered medical negligence or medical malpractice?

When a medical provider fails to uphold their duty of care to a patient and this results in injury, this is considered medical negligence, or may be referred to as medical malpractice. Some common types of medical negligence include: Negligent advice and treatment : such as misdiagnosis, medication errors, failure to obtain informed consent or surgical mistakes. Pregnancy and childbirth complications : when more than a reasonable mishap or mistake is made by your obstetrician, gynaecologist, doctor, midwife or hospital staff. Negligence resulting in death : If someone you loved has died as a result of negligent medical treatment, you may be able to make a claim for compensation.

Can I make a medical negligence claim?

You may be eligible to claim medical negligence compensation if you have suffered a physical or psychological injury as a result of malpractice. You may also be able to make a medical negligence claim if malpractice results in the death of a loved one. To make a successful medical negligence claim, you need to be able to prove that: there was negligent medical treatment the treatment caused an injury or some harm that would not otherwise have occurred Each state and territory has its own laws that apply to medical malpractice claims. Speak to our medical negligence lawyers , we can help you understand what laws apply to you and what options are availble to you.

What types of negligent treatment can I make a medical negligence claim for?

Common malpractice that you may be able to make a medical negligence claim for compensation can include: making an existing condition worse misdiagnosis or failure to diagnose a condition failure to provide the appropriate treatment or referral a delay in diagnosis or providing the appropriate treatment or referral failure to perform surgery or provide post-operative care with reasonable care and skill incorrectly reporting on test results. The most common types of medical negligence claims can involve: obstetrics paediatrics gynaecology emergency medicine surgery orthopaedics misdiagnosis of medical conditions delayed diagnosis of medical conditions (for example after a Pap smear, breast screening or other diagnostic test) drugs and drug reactions cosmetic surgery

Who is considered a medical provider?

In the context of a medical negligence claim, a medical provider can include any individual or institution providing medical care, such as: hospitals doctors surgeons nurses midwives paramedics medical assistants lab personnel radiologists dentists pharmacists cosmetologists or other allied health professionals.

How long do you have to claim medical negligence?

Time limits for medical malpractice claims vary under the different state and federal laws. In most cases, you need to take legal action within three years of the injury (unless your claim is for a child, in which case time limits can vary again). Extensions of time limits are also sometimes possible. It's important to get help as soon as possible from someone who understands the complexities of medical negligence law that applies in your state or territory. Speak to one of our medical negligence lawyers today about your options.

How much will it cost me to make a medical negligence claim?

We provide our medical negligence services on a ' no win, no fee '* basis, meaning you won't be charged our fees if your claim is not successful. Your first consultation is obligation-free, so speak to one of our specialist medical negligence lawyers about your compensation claim to find out where you stand.

Albury Wodonga Colonoscopy Recall

An investigation has found that some colonoscopies performed or supervised by Dr Liu-Ming Schmidt in the Albury Wodonga region between 2018 and 2022 were incomplete, which may have affected the accuracy of the report.

We understand there are approximately 2,000 patients who may be affected. In the majority of cases the risk to patients is low, however it is important you contact your treatment provider as soon as possible if you had a colonoscopy performed or supervised by Dr Liu-Ming Schmidt after 1 January 2018 from the following health services:

Albury Wodonga Health,
Albury Wodonga Private Hospital, or
Insight Private Hospital (located at The Gardens Medical Centre).

Safer Care Victoria have initiated a recall process to contact everyone affected and reassess their treatment, which you can read more about here.

If you had a colonoscopy performed by Dr Liu-Ming Schmidt after 1 January 2018, and this has led to a missed diagnosis or other complications as a result of a screening, you may be entitled to compensation. Contact our expert medical negligence team today using the form below, or call us on 1800 614 451.

Read more about our work in medical negligence and misdiagnosis.

Contact our team of experienced medical negligence lawyers for advice

Leave your details below and one of our team will be in touch. If you need to speak with us sooner, call us on 1800 614 451.

Call 1800 614 451

js-submit-data-layer
Enquiry type
Contact Type
Referrer
Full name
Phone
Email
Post code
Message
Terms and Conditions
CAPTCHA
Submit
Web User ID

Contact Type

Referrer

Full name

Phone

Post code

Message

Maurice Blackburn will collect this information in accordance with our Collection Statement and Privacy Policy

I agree

Why Maurice Blackburn for your medical negligence claim?

Our medical negligence lawyers specialise in malpractice compensation claims and are dedicated to protecting the rights and entitlements of you and your family.

No win, no fee*

*If we don’t win, you don’t pay our professional fees.

Our fees

We care

Our local medical negligence lawyers understand the impact an injury or illness has on your life and will help you through the compensation claims process.

Learn more

Obligation-free first consultation

If you choose not to proceed with your medical negligence claim, your initial consultation is free.

Get in touch

32 offices around Australia

We'll sort things out no matter where you are in Australia.

Find your local office

'The decision to use Maurice Blackburn was the best decision we ever made.'

Bruce's story

Medical negligence

Learn more

Bruce's story - Medical negligence

Well, about three years ago I, uh, I was looking in the mirror and I noticed a little, just a little, lump right here on my neck. Didn't think too much about it, but I was going to see my doctor anyway. He looked at me, ‘okay we'll get it checked out’. Got the ultrasound done about three days later. And from the ultrasound, I said I’ll just check the other side, just to be on the safe side. And at that point, I knew something was wrong. It was about a week later that we found out that it was it was melanoma.

The surgeon wanted to know where it came from and so they went back to some testing that was done a few years ago. And they found that that was the primary, that's where the cancer had started. And it was at that point that my doctor looked at me and said, ‘look, there's a problem here that I can't help you with, but you need to seek some legal advice because this should have been addressed a couple years ago.

In relation to Bruce's case, he went to see a doctor and he had an examination and a test done, but unfortunately that test wasn't interpreted properly and that led to a delay in him being diagnosed with stage four melanoma of around two years.

I didn't want to litigate, I don't want to deal with lawyers, I don't want to do any of this. I did it because of an obligation of the family that you know something happened and I’m not gonna last and you know we I need to make sure that they're taken care of. And to be honest I didn't want it in front of my mind, I had to I had treatments, I had work I had family and I had to deal with, you know, the fact that I’ve got cancer and and that's enough.

Medical negligence is a really complex area of the law. The reason why Maurice Blackburn is able to do such a great job for patients, who have had a medical error, is because we are the biggest national medical negligence department in Australia.

The decision to use Maurice Blackburn was the best decision we ever made. It took all the pressure off kathy and I. We didn't have to think about it. We didn't have to worry about it. We knew that we had them behind us and they had the expertise.

Office locations

We’re here to help. Get in touch with your local office.

Select your state below

We have lawyers who specialise in a range of legal claims who travel to Australian Capital Territory. If you need a lawyer in Canberra or elsewhere in Australian Capital Territory, please call us on 1800 675 346.

Adelaide

We have lawyers who specialise in a range of legal claims who travel to Tasmania. If you need a lawyer in Hobart, Launceston or elsewhere in Tasmania, please call us on 1800 675 346.

Darwin