We place a lot of trust in our health care professionals so when things go wrong, you might feel angry and confused. If a health worker or facility doesn’t take reasonable care or skill in the treatment of your injuries, then you may be able to claim compensation.
Medical compensation claims
If you think you have been hurt by inadequate medical advice or treatment then talk to us about making a claim to help get things back on track. You might think taking legal action is stressful and expensive but we can take care of things and help you on a No Win No Fee basis. This means you can focus on getting better while we focus on getting you the best outcome.
Our medical negligence or medical malpractice legal service also extends to include claims of misdiagnosis, Cerebral Palsy compensation claims, errors in anaesthesia, cardiac injuries, birthing injuries, brain infections, bowel perforation and Cauda Equina Syndrome compensation claims.
Watch the video below for a general guide to bringing a claim for compensation:
Due to restrictions in Queensland (QLD) and Western Australia (WA) we are prohibited from showing people in those states certain information regarding our legal services. If you are located in QLD please click here for information on medical negligence law. If you are located in WA, please click here.
What is Medical Negligence?
Medical negligence, or medical malpractice, is a term which is used to describe an act or omission by a medical facility or practitioner that causes injury or harm to a person that is under care.
In order for medical malpractice to be established, the act must be proven to fall below the accepted standard of practice in the medical community.
Medical Law News
- Shine secures $6.7M payout for meningitis victim Nancy Mules
- Meningitis inquest sparks calls for greater vigilance
- Baby deaths at Bacchus Marsh Hospital stem from entrenched systemic failings
- Shine contacted by Lady Cilento victims
- Women left physically and emotionally scarred after botched breast surgeries
- Dental patients potentially exposed to HIV and hepatitis
- Endometriosis linked to greater risk of pregnancy complications
Our offer to you
Common questions about Medical Negligence Lawyers
If you have been injured by a medical professional or facility then we can help get you compensation. You might not even realise medical negligence has occurred so we can explain what you need to look for.
You may be able to take legal action if there has been a failure to:
- Diagnose a condition at all or in a timely way – medical misdiagnosis
- Treat your condition or refer you to a specialist as soon as possible
- Monitor your condition
- Perform a medical procedure with reasonable care and skill
- Advise you of the risks associated
- Report correctly or follow up your test results
- Provide adequate post-operative care.
Examples of medical negligence or medical malpractice claims our experts have taken on include:
- Antenatal testing failures including test results for genetic conditions such as Down’s syndrome
- Poor pregnancy and labour management resulting in injury to the child
- Cerebral Palsy compensation claims
- Surgical errors including damage to internal organs or nerves and failure to give reasonable post-operative care.
- Anaesthetic issues
- Nerve injuries during surgery
- Birth injuries
- GP negligence
- Hospital negligence
- Medication Errors
- Orthopaedic surgical errors
Medical negligence can be a tricky area of law but we will explain your claim and what is involved in simple language without all the legal mumbo jumbo.
When everything seems too hard and your problems are suffocating you, give us a call and we will help get things back on track.
We can help you bring a medical negligence claim against a professional or hospital that you believe has caused or contributed to your suffering or injury.
The types of professionals and facilities we have successfully brought claims against for inadequate treatment include:
- Public and private hospitals
- General Practitioners (GPs)
- Orthopaedic surgeons
- Allied healthcare professionals, such as chiropractors and physiotherapists
Our team has taken on some of the biggest hospitals in the country and won. It can seem like a stressful process but that’s why we are here to make things easy.
There are many different areas in which medical negligence can occur.
Our expert team has experience in gaining compensation due to injuries relating to:
- Infectious diseases
- Emergency medicine
- General surgery
Medical negligence laws vary between the states and territories in Australia.
In most cases, we must be able to prove three things to make a claim for medical negligence compensation:
- The doctor or hospital’s treatment did not meet Australian standards
- The poor treatment resulted in suffering or injury
- The physical or psychological harm was a direct result negligence
There a strict thresholds in medical negligence which set out how severe or significant your injury must be before you can make a claim. We can explain exactly what this means to you once we understand the facts of your particular situation.
We know life is stressful enough so we’ll always keep it simple for you.
You might not know where to start with your legal claim, but you don’t have to. We will take all the stress out by putting your claim together and organising any appointments you need to go along to. We’ll make sure you’re always in control by explaining the process in simple language. We don’t speak like lawyers because the law can be confusing enough.
Australian law recognises that medical practitioners need to make difficult decisions under extreme pressure but negligent medical treatment goes beyond making a simple mistake.
To prove medical negligence, you need to show that the treatment fell below the standard of care reasonably expected from a professional.
If the medical practitioner or hospital acted in a way considered to be acceptable in the opinion of a large number of respected medical practitioners in that same field, then you may not have a claim.
All medical practitioners are required by law to have Professional Indemnity Insurance (PII), so in the event of an accident or injury it’s the insurance company that pays the compensation not the actual person.
We will work out the best way of moving your claim forward and getting you the outcome you need.
Your medical negligence claim could include compensation for the following:
- Pain and suffering and loss of enjoyment of life
- Loss of life expectation
- Past and future loss of earnings
- Care and help provided by friends or family
- Paid care and help such as nurses, gardeners, etc
- Past and future medical expenses, such as surgery and equipment
- Home and vehicle modification expenses
- Costs associated with a trustee managing your money
Injury compensation amounts are calculated based on the harm and/or loss suffered rather than the degree of negligence. In most instances a monetary value is placed on the gap between your life path before the incident, and your life path since the incident.
All compensation claims are different because they are based on your unique facts and circumstances. It’s impossible to say exactly how much compensation you might receive in the beginning.
Once we have put together all of the evidence we can give you a better idea of the compensation you might expect.
We will handle everything for you so you can focus on restoring your health and getting better without having to worry about the legal side.
Every case is different so it’s hard to say exactly how long it will take from the outset. We know you need your compensation as soon as possible so we’ll do everything we can to hurry the process along.
Legislation varies between states and territories in Australia but most include an anticipated timeline. After we understand all of your circumstances we’ll be able to give you a better idea of the timeframes.
Most states and territories have a three-year limit. The three years run from the date of the medical negligence or in some cases, from the date the negligence was first discovered.
It’s possible for a claim to be made outside the prescribed time limits if the injury or harm was not immediately obvious.
You should call us to discuss the situation as soon as you become aware that you may have been subjected to improper medical treatment. This will ensure you have time on your side and we can get you the best possible outcome.
We can help you on a No win no fee basis and you will only pay our fees on successful completion of your claim. This means you won’t have to pay any of our fees at all until you receive your compensation.
There’s no catch and no hidden costs so there won’t be any surprises.
Your legal costs at the end will depend on the amount of work required to resolve your claim.
Where you are located isn’t necessarily a barrier when it comes to obtaining the services of a medical negligence lawyer. We’re experts when it comes to medical negligence related claims and we can help you get the compensation you deserve.
It doesn’t matter if you are located close or far away from a Shine Lawyers office – we will always provide the same, expert advice and manage your claim with the same level of quality and commitment.
Our compensation experts are in the following locations:
New South Wales
- Gold Coast
- Hervey Bay
- North Lakes
- Stones Corner
- Sunshine Coast
Shine Lawyers are expert medical negligence lawyers that can help you get the compensation you need. Click on the link below for more information about how Shine Lawyers can help you.
Shine Lawyers also have accredited specialists in personal injury law across the nation:
Latest from the blog
World Press Freedom Day
Given World Press Freedom Day (WPFD) was on 3 May 2018, which included a series of significant worldwide events led by UNESCO, I think it’s a timely occasion to survey the defamation law landscape in Australia, and examine some recent ground-breaking cases of 2017 and consider where our defamation laws might be heading. One of […]Read more
Yesterday was a good day for abuse survivors
Working with survivors of abuse every day and hearing the horrific nature of the abuse inflicted on them as small vulnerable children, and of the devastating impact the abuse has had on their lives, not every day is an easy one. However, there were a few news stories that popped into my consciousness yesterday that […]Read more
Motorcycles and Lane Filtering: Is it legal in Australia?
Motorcycles and Lane Filtering: Is it legal in Australia? Lane filtering is the act of slowly riding a motorcycle between two rows of slow-moving or stationary vehicles heading in the same direction as you. If you’re a motorbike rider, you’ve probably lane filtered before. If you’re not, it’s very likely you’ve seen lane filtering in […]Read more