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First thing's first

If you’ve been injured by a medical service provider, you may have a Medical Negligence claim.

Your claim includes compensation for medical expenses, professional care costs, loss of earnings, and pain and suffering.

Generally, it is preferable to bring your claim within three years. If you’re outside the time limit, you may still be entitled to make a claim, but it’s all the more important to seek immediate legal advice.

Medical negligence claims are notoriously complex, and without a specialised lawyer you may not receive your full entitlements. Our award-winning Medical Negligence team are always on standby to discuss your claim.


Here is what an expert lawyer can do for you

To find out what kind of Medical Negligence claim you might have (and how you can get the most out of it), you need specialist legal advice. Recognised as “Leading Medical Negligence Compensation Lawyers 2022” by the prestigious Doyle’s Guide Awards, we have the skills and experience to completely change the outcome of your case.

Your lawyer will:

  • Determine whether you have a claim and provide meaningful advice on its value
  • Obtain strong evidence to prove that the medical professional was negligent
  • Challenge medical and other evidence provided by the insurer
  • Advise you on the right strategy to progress your claim, especially when the insurer is not offering you a fair settlement
  • Maximise your final compensation payout

Frequently Asked 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.

If you think you have a claim, or you’re unsure, get in touch. We can help you establish whether you have a claim and get you the compensation you deserve.

How much compensation will I get?

There’s no absolute answer to this. Each case turns on its particular facts, circumstances, and relevant law.

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?

Below are just some of the common claims we have won for our clients over the years. Medical negligence can take many different forms, so if you don’t see your claim here, get in touch today.

  • Surgery & emergency treatment errors
  • Insufficient post-operative care
  • Pregnancy and childbirth complications
  • Paediatrics and gynaecology
  • Cerebral palsy claims
  • Misdiagnosis or delay in diagnosis
  • Failure to advise of medical risks
  • Prescription and medication errors
  • Improperly inserted medical implants or devices
  • Dental care errors
Which medical professionals can I claim against?

If you’ve suffered at the hands of a negligent medical professional or facility, we can help. This includes:

  • 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 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 has different laws on time limits. 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 in touch with our specialist team of lawyers today.

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 that doesn’t mean we can’t help you. 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 before the case is given a date for a court hearing. As a result, about 95% cases settle out of court. If required, we will not hesitate to take your case to court.

What other claims could I have?

In addition to your medical negligence claim, if you can no longer work in the job you were doing before your illness or injury, you may have a Total and Permanent Disability (TPD) claim under your:

  • Superannuation policy
  • Personal insurance policies
  • Both superannuation and personal insurance policies

Like many Australians, you may be entitled to TPD but not know you are covered. Our team of lawyers, specialised in superannuation and insurance claims, will find out for you. They’ll take a detailed look at your policy, and explain everything you’re entitled to.

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 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.

Our promise is simpleNo win, no fee

There’s absolutely no financial risk for you or your family. It’s free to start your claim, and you pay nothing unless we’re successful. No successful outcome, no fees or expenses owing. It’s that simple.

  • $0 upfront: we pay all your expenses, including medical reports
  • A simple contract: so you know exactly what to expect

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 lawyer

Medical negligence is one of the most technically challenging areas of law. Your lawyer will need both excellent legal skills and specialist medical knowledge to prepare your case properly.

Your lawyer will also need to have access to an extensive network of medical experts to build your case.

Contact Us Now

Award-Winning Lawyers

Doyle's Guide "Leading Medical Negligence Compensation Lawyers 2022" (Anthony Porthouse); Global Business Magazine's "Medical Negligence Law Firm of the Year 2020"; and Global Law Expert's "Compensation Law Firm of the Year in Australia 2020".

Medical Law Specialists

We have an expert team of lawyers who deal exclusively with medical negligence, led by Accredited Specialists in Medical Law. Many of our lawyers also have a medical background, and can help you navigate the increasingly complicated world of medical science.

We Maximise Your Payout

We make it our business to get you your maximum entitlements. We won’t settle for less than we know your claim is worth — no matter how hard insurers try.

Our Unique Perspective

We understand the opposition. Many of our lawyers previously worked for insurers, and we know how to cut through the tactics insurance companies use to obstruct your claim.

34 Offices Australia Wide

With offices all over Australia, help is just around the corner. Alternatively, we can organise video conferencing, or come to you in person.

Financial Muscle

It’s no secret that medical negligence claims are expensive to prepare. We have the financial muscle to cover all your expenses and go the distance against medical insurers.

Don’t just take our word for it - See what our clients say

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
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4.8
Based on 223 Reviews
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Real people, real results —

Hear Hannah's story

“It was a real big financial relief when we were able to get some money back into our pockets… It was a weight off our shoulders to finally say ‘Yay it is over.’ Leon and his whole team just did a fabulous job – I gave Leon a hug!”

Millions won for our clients

Here are some examples of our firm’s recent wins

$10 million

An improper surgery left Sam with catastrophic brain injuries. We helped secure his future care.

When Sam underwent surgery, improper treatment by hospital staff left him with catastrophic brain injuries, resulting in neurological impairment and quadriplegia.

Prior to surgery, Sam was healthy, married with children, and in good professional employment. The surgery left him unable to speak, walk or swallow. He now requires 24-hour care and cannot look after himself or manage his own affairs. The burden of looking after Sam and the family fell to his wife, and it was she who asked us to investigate a possible claim against the hospital.

One of our most senior Medical Negligence lawyers took the case, beginning by contacting our extensive network of highly-skilled medical experts. With the help of these experts, our Medical Negligence team gathered evidence demonstrating that the hospital breached their duty of care, negligently causing Sam’s injuries. With the evidence collated, we commenced proceedings in the Supreme Court. The hospital and its legal team vigorously defended against the allegations.

We rebutted most of the medical assumptions relied upon by the hospital, and successfully defeated their defence. Mindful of the substantial expenses associated with litigation, we attempted to resolve the matter in mediation, rather than go to court. At the mediation, we successfully negotiated a $10 million settlement for Sam and his family.

$4.5 million

We helped Rebecca win her case against the hospital that left her a paraplegic.

At 35 years old, Rebecca developed a kidney stone and was subsequently scheduled for surgery. Prior to surgery, she was admitted to a Melbourne public hospital with an infection. Rebecca had a long medical history of severe asthma and anorexia. In hospital, she developed a pulmonary embolism and neuropathy in her lower limbs. She required extensive hospitalisation. By the time Rebecca was discharged, she was a paraplegic: unable to walk and confined to a wheelchair.

Rebecca’s feet now turn in at right angles at her ankles. In the future, she may require amputation. Rebecca’s claim was rejected by another major law firm. When she came to us, we accepted the claim even though the limitation period was about to expire.

In building our case, we qualified several experts to comment on the nature and extent of Rebecca’s injuries and disabilities.

The matter was settled at a mediation for $4.5 million. Had Rebecca accepted the advice of her former solicitors, she would have received no compensation. While no amount of money can adequately compensate Rebecca for the suffering she has endured, the settlement allows Rebecca comfort and support for the remainder of her life.

$2.5 million

After negligent hospital staff induced Nadia’s chronic illness, we brought a case to support her financial future.

When Nadia was born she was blue in appearance, and she did not move or cry. She was eventually revived. At around 18 months old, Nadia was diagnosed with Cerebral Palsy.

At 13, Nadia and her mother came to us. Nadia’s mother felt that there had been negligence on the part of the hospital, and she wanted to secure Nadia’s financial future. We commenced court proceedings in the Supreme Court of NSW.

After investigating her claim, our Medical Negligence Team found that both the midwife and other hospital staff present had failed in their duty of care. Working with an extensive network of obstetric experts, our Medical Negligence team gathered evidence of negligence. This included the fact that no x-rays were taken before the birth, that Nadia’s mother’s difficult labour went on for too long without medical intervention, and that hospital staff ignored signs of foetal distress.

Once we had established negligence, our team consulted with other medical experts to ascertain Nadia’s present and future needs. Due to Nadia’s age, a child psychiatrist who examined her on our behalf was unable to make an assessment on Nadia’s future needs with respect to her condition. Court proceedings paused temporarily to ensure that proper reports were obtained regarding Nadia’s future.

A year later, Nadia was re-examined by the same child psychiatrist who was now able to provide a comprehensive report detailing 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 plus payment of her legal costs.

$2.5 million

After hospital staff discharged a mentally ill mother into the care of her 17-year-old, we helped recover costs for her care.

At 38, Ebony, who had a history of mental illness, attempted suicide by jumping from a balcony. She suffered a crush fracture of her vertebrae, resulting in paraplegia.

A few days earlier, Ebony had again attempted suicide and been admitted to a public hospital. She had taken a lethal quantity of Valium. The hospital made an order for Ebony’s involuntary treatment. The next day, they removed the order and Ebony was discharged into the care of her 17-year-old daughter.

The paraplegia, combined with her existing mental health issues, has made Ebony’s life extremely difficult. She required assistance with daily living, particularly showering, transport and housework.

Our Medical Negligence team qualified three expert psychiatrists, who concluded that the hospital staff were negligent in discharging Ebony into the care of her daughter. They added that the follow-up, in which a community nurse visited Ebony daily, was an inadequate response to the severity of her condition.

The defendant fought hard against the matter, which consisted of two mediations. In the second mediation, a resolution of $2.5 million was reached. The case was far from straight forward. Given the complexities of the medical issues, and the powerful expert evidence served by the defendant, this was an excellent result.

$900,000

Hospital negligence left Lily widowed, depressed and suffering PTSD. We helped secure her financial future.

Lily was only 53 when her husband, Albert, died in tragic circumstances at a public hospital. Albert had attended the hospital with calf pain, shortness of breath and a rapid heart rate. Despite these symptoms, he was discharged after about 2 ½ hours.

The next day, he returned to the hospital with similar symptoms. Tests showed evidence of a major blood clot and right heart strain. Shortly after, Albert died of a heart attack in hospital.

Following Albert’s death, Lily lapsed into severe depression and Post-Traumatic Stress Disorder. We engaged an expert emergency physician, who confirmed that Albert had received negligent treatment during his two visits to the emergency department. Had proper 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, including a claim for loss of financial support and domestic services, both of which Albert would have provided if he was alive.

The matter was resolved at mediation for the sum of $900,000.

$850,000

A negligent dentist and hospital left Liam with impaired walking. We helped him claim against both.

At 37, Liam underwent radiotherapy for mouth cancer. As a result, he was told he would require oxygen treatment prior to any future tooth extractions. Ten years later, Liam went to a dentist with an infected tooth. The dentist extracted the tooth without a course of oxygen treatment. He also failed to perform the extraction properly, and to provide sufficient follow-up.

Liam’s infection refused to heal. He attended a hospital, but was sent away with antibiotics and no follow-up plan. Eventually, Liam’s jaw bone died, and he required the dead jaw to be removed. His jaw was replaced with a bone graft from his right leg. He was left with severe scarring and facial deformity, and the loss of bone in his leg impaired his walking and mobility. Liam was unfit to return to his motor mechanic job. As a result, Liam developed depression and Post-Traumatic Stress Disorder.

Our lawyers reviewed clinical records from the dentist and the hospital, then engaged dental experts from our panel. After obtaining expert medical evidence, we were able to argue that both the dentist and the hospital had failed in their duty of care.

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

$750,000

Elizabeth was negligently discharged after a stroke. Though she suffered no economic loss, we were still able to help her.

In regional NSW, 66-year-old Elizabeth was taken by ambulance to a local public hospital after she began feeling dizzy, experiencing a headache behind her right eye and loss of function down her left side. Despite the severity of her symptoms, she was discharged 2 ½ hours later. At home the next day, Elizabeth collapsed again, and she was taken to the same hospital. She was then transferred to a second hospital, where an MRI showed that she had suffered another acute stroke. As a result, Elizabeth lives with a brain injury and loss of strength on her left side. She also suffers frequent headaches, blurred vision, impaired speech and has 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. They concluded that the hospital’s diagnosis had been incorrect, and that if Elizabeth had been properly diagnosed and treated she would not have suffered the second stroke.
Despite Elizabeth’s age and the fact that there was no claim for economic loss, we successfully settled Elizabeth’s claim at mediation for the sum of $750,000.

$735,000

During birth, Sarah suffered hypoxia and brain damage. Our medical experts confirmed medical staff were at fault.

During childbirth, Sarah suffered severe foetal hypoxia as a result of shoulder dystocia. Shoulder dystocia occurs when the baby’s shoulder gets stuck behind the mother’s pubic bone during birth, depriving the mother of oxygen. As a result of the foetal hypoxia, Sarah was clinically dead for approximately 10 minutes. Remarkably, Sarah recovered well and now exhibits only mild intellectual deficits.

We argued 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 Sarah’s labour. To support Sarah’s case, our Medical Negligence team gathered evidence from medical experts, including an expert professor in obstetrics and gynaecology.

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.

We can help you wherever you are in Australia

With 34 convenient office locations across Australia, we’re never far away.

Prefer to stay at home? You can get advice on whether you have a claim over the phone. Just give us a call during business hours − often, you can speak to a lawyer about your case on the spot.

or Use My Location

Moss Vale

9 Clarence Street
Moss Vale, NSW 2577


1300 451 193

Blue Mountains

210 Macquarie Road
Springwood NSW 2777


1300 451 193

Hobart

Level 6, Reserve Bank Building, 111 Macquarie Street,
Hobart 7000


1300 451 193

Maroochydore

8 Pikki Street,
Maroochydore QLD 4558


1300 451 193

Adelaide

Level 5, 121 King William Street
Adelaide SA 5000


1300 451 193

Perth

Level 29, 221 St Georges Terrace
Perth WA 6000


1300 451 193

Preston

Ground Floor, 84 Hortham Street
Preston VIC 3072


1300 451 193

Malvern

Malvern Ground Floor, 23 Milton Parade
Malvern VIC, 3144


1300 451 193

Frankston

435 Nepean Highway,
Frankston VIC, 3199


1300 451 193

Altona

Level 1, 91 Railway Street
South Altona, VIC, 3018


1300 451 193

Hawthorn

Ground Floor, 737 Burwood Road
Hawthorn VIC 3122


1300 451 193

Melbourne

Collins Street Tower, Level 3, 480 Collins Street,
Melbourne VIC 3000


1300 451 193

Gold Coast

Level 13, 50 Cavill Avenue
Gold Coast QLD 4217


1300 451 193

Brisbane

22/F Northbank Plaza, 69 Ann Street
Brisbane QLD 4000


1300 451 193

Wollongong

1st Floor, 1 Burelli Street
Wollongong NSW 2500


1300 451 193

Tamworth

Level 1/Shop 7, 345 Peel Street
Tamworth NSW 2340


1300 451 193

Newcastle

17 Bolton St
Newcastle NSW 2300


1300 451 193

Penrith

Level 1, 331 High Street,
Penrith, NSW 2750


1300 451 193

Rockdale

Level 2, 8-12 King Street,
Rockdale, NSW 2216


1300 451 193

Parramatta

L7, 91 Phillip Street,
Parramatta, NSW 2150


1300 451 193

North Ryde

Level 5, 7 Eden Park Drive
North Ryde NSW 2113


1300 451 193

Liverpool

Level 2, 215 – 219 George Street
Liverpool NSW 2170


1300 451 193

Crows Nest

246 Pacific Highway
Crows Nest NSW 2065


1300 451 193

Chatswood

Level 20, Tower A, The Zenith, 821 Pacific Highway,
Chatswood, NSW 2067


1300 451 193

Botany

Level 1, Unit 7, 11 Lord Street
Botany, NSW 2019


1300 451 193

Blacktown

Level 3, 81 Flushcombe Road
Blacktown NSW 2148


1300 451 193

North Strathfield

9 George Street WOTSO,
North Strathfield, NSW 2137


1300 451 193

Sydney CBD

L5, 75 Elizabeth Street
Sydney NSW 2000


1300 451 193

What to expect Your Medical Negligence claim process

Office Portrait 6
  • 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.
  • We get your medical records Your lawyer will review your clinical notes and analyse your medical history to start building your case.
  • We get expert medical advice to support your claim We collaborate with our medical experts and collect the evidence needed to support your case. If you need to visit our doctors, we organise and pay for everything.
  • We file documents in Court With the expert evidence to support your case, we commence court proceedings.
  • You get compensation and move on with your life The overwhelming majority of cases don’t go to court – they are resolved at a mediation. During mediation, 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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