Medical negligence lawyers

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.

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.

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

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.

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. 

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.