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Medical negligence lawyers

A client of a medical negligence lawyer

Being ill is a very stressful time and understanding your rights when it comes to the appropriate standards of medical care can be confusing. If you’ve experienced negligent treatment or malpractice by a medical professional, or have been injured while in the care of a healthcare provider, you might be eligible to make a medical negligence claim for compensation.

Our team of specialist medical negligence lawyers are here to help you understand your legal options and to achieve the best possible outcome for you. We've successfully represented hundreds of patients and their families in complex and sensitive malpractice cases. Our lawyers can help you understand your eligibility and the processes involved when making a medical negligence claim. Contact a medical negligence lawyer today on 1800 305 568 or send us a message.

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For QLD-specific information, please select QLD from the drop down menu at the top of the page.

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. 



No win, no fee* medical negligence claims 

Our team of specialised medical negligence lawyers have an outstanding record of winning fair compensation for our clients. Our 'no win, no fee*' policy means that if we don't win, you don't have to pay our legal fees. Get in touch today.
 

Medical negligence compensation frequently asked questions

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: 

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.

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.

We're here to help when you need us most.

Call us on 1800 991 692, or leave us a message below to request a call back and one of our team will be in touch as soon as we can. 

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.

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.