No Win No Fee* Medical Negligence Lawyers
If you’ve been impacted by the healthcare system you may have grounds for compensation. We can assess your claim on a no win, no fee* basis
As experts in medical negligence law, Shine Lawyers are ready to put you first.
Failure to treat or diagnose a stroke
Failure to treat or diagnose a stroke occurs when a healthcare professional fails to observe or investigate read the signs and symptoms. This can lead to further injury or sometimes cause sudden unexpected death. Although bringing a claim for compensation can never make up for what has happened, it will help you to reclaim stability and access the support you need. There are two types of compensation pathways for unexpected death compensation:
Dependency claims
Dependency claims are initiated by a spouse or child who relied on their loved one both financially and for their valuable contributions to the household – contributions that have now been irreplaceably diminished.
Claim for mental health harm
A claim for mental harm is made by a family member who has suffered a diagnosable psychiatric injury caused by the untimely and unexpected death of their loved one.
Delayed diagnosis or illness of disease
A misdiagnosis or delayed diagnosis can lead to incorrect or delayed treatment causing further harm or injury. There’s no set amount of compensation in a medical misdiagnosis case, it’s based on the seriousness of the harm and/or loss suffered, not the degree of negligence. Claims commonly include compensation for:
Past and future medical expenses, including surgery and equipment;
Past and future allied health and equipment;
Pain suffered as well as loss of enjoyment of life;
Any loss of income, past or future;
Support and care provided, even by family or friends;
Professional paid care and services, such as nursing or property maintenance;
Home and vehicle modification expenses;
Costs associated with a trustee managing your money
Injury to your child during childbirth
When your child has been hurt, you want to do everything you can to help them. Getting the compensation you they deserve will help your family through a difficult time assist them in the future. Your child may be entitled to compensation for:
Medications, medical consultations, and other treatments associated with the immediate and long-term management of the injury;
Allied health treatment including rehabilitation;
Physical and occupational therapy, speech therapy and other rehabilitation;
Family counselling and psychological services;
Home adaptations, aids and equipment, and long-term educational and vocational needs;
Non-economic damages such as emotional distress, and pain and suffering; and
The loss of entitlement to work in a chosen profession or at all.
Claim process
We listen and assess your case confidentially
During an obligation-free initial consultation we’ll take the time to listen and understand your individual needs. We will fully explain the legal process to you so that you understand your rights and feel in control.
We’ll build your case and keep you informed
Your go-to legal team will work with you to gather all the evidence needed to support your medical negligence claim. All evidence will be considered so we can assess your options and provide guidance tailored to your specific situation.
We’ll negotiate to settle your claim early
We will seek to negotiate your claim to encourage a resolution prior to the matter going to court.
We know that you’ve been through enough. Wherever possible we will seek to minimise any stress this process could have for you and resolve your claim in a way that is sensitive to your needs.
If required, go to court
Only a small percentage of cases result in a court hearing. If this happens, we will be by your side; providing support, compassion and skilled legal representation every step of the way.
We will also work closely with your family, primary care providers and/or medical support to reduce any stress or inconvenience from this process wherever possible.
Resolve your case
We will passionately work to deliver the outcome and compensation you deserve.
FAQs
What is medical negligence?
Medical negligence occurs when a medical practitioner or provider fails to adhere to their duty of care resulting in loss, injury or suffering.
Can I represent myself, or do I need a medical malpractice lawyer?
It is possible to legally represent yourself when making a claim however, doing so successfully will likely require a thorough understanding of the law, your legal rights and entitlements, and a commitment to actively pursue the case to move it forward.
Independent expert evidence is needed to progress your claim and this can be difficult for an individual to obtain.
Without the right legal advice and support, you then may not receive the compensation you're entitled to.
Is there a medical negligence lawyer near me?
With more than 40 branches across Australia and 1000+ team members, location is no barrier when it comes to accessing Shine Lawyers' legal advice and support.
If you’d like to speak to our medical negligence team in person, you can see our full list of locations here.
If you aren't able to find a location near you, we can easily arrange an obligation-free virtual appointment or discuss the option to meet at a location that’s comfortable and convenient for you. No matter where you are located, we will always provide the same, expert advice and manage your claim with the same level of quality and commitment.
Why trust Shine to be my medical negligence lawyers?
We have helped thousands of Australians right wrong and access more than $1 billion per year in entitlements and compensation through our expert services.
95% of the cases we represent are settled without the stress of going to court.
We offer access to affordable legal advice including on a No Win, No Fee* basis and an obligation-free initial consultation so you can understand your rights and know where you stand.
*Conditions apply
What is the average payout for medical negligence in Australia?
The amount of a medical negligence claim settlement varies depending on the complexity of injury and the extent of its impact on your life, your individual circumstances and the state or territory in which you’re injured.
When assessing the value of your claim, several aspects of your injury are considered, including:
The impact of your injury on your on your life, including the reduction in quality of life and enjoyment in activities
The impact of your injuries on your capacity to work
The impact on your ability to complete activities of daily living, including whether you have required care and assistance, and
Whether you require ongoing medical treatment
These factors collectively influence the compensation provided in medical negligence cases, with settlements or judgments ranging from thousands to millions of dollars based on the specific circumstances of each case.
How many medical negligence cases go to court?
Proving medical negligence can be complex, so getting legal advice from experienced medical negligence lawyers is important.
The number of medical negligence cases that proceed to Court can vary significantly from year to year and across different jurisdictions. In Australia, a significant proportion of medical negligence claims are resolved outside of court through negotiations between the parties involved.
An experienced medical negligence lawyer can help with your claim and with settlement negotiations.
Can I claim for medical negligence after 20 years?
Making a medical negligence claim after 20 years can be difficult to pursue due to legal time limits.
Typically, you have three (3) years from the date of injury to begin a medical negligence claim. However, the impact of medical negligence may not be immediately apparent or may take several years to surface. In such cases, extensions and exceptions are available, though they vary across different jurisdictions, highlighting the importance of consulting an experienced medical negligence lawyer for tailored advice.
An experienced medical negligence lawyer can assess your circumstances and discuss the options available to you for pursuing a claim beyond the standard time frames.
What constitutes medical negligence?
In Western Australia, the Civil Liability Act 2002 provides a framework for navigating medical negligence claims.
Broadly speaking, medical negligence in Western Australia refers to situations where a healthcare provider fails to provide a standard of care expected from a reasonably skilled and competent professional in the same field, under similar circumstances.
As a result of failing to meet those standards, patients can be harmed or injured, leading to a potential medical negligence claim for compensation.
Can I claim for medical negligence after 20 years?
In Western Australia, the Limitation Act 2005 restricts the time you have to proceed with a personal injury claim for compensation.
A claim for personal injury compensation cannot be made if it has been three (3) or more years since the date the negligence and the injury occurred.
However, if the person making the claim was under fifteen (15) years of age at the time of the injury, they have six (6) years from the date the injury occurred to make a claim. If the person making the claim was aged fifteen (15), sixteen (16) or seventeen (17) years at the time of the injury, they must make a claim before their twenty-first (21) birthday. However, with all of this in mind, there are certain circumstances under which an extension of the time limits may be granted. An experienced medical negligence lawyer can assess your circumstances and discuss what options are available to you for pursuing a claim beyond the standard time frames.
