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Medical Negligence Lawyers

Healthcare professionals and hospitals are required by law to treat their patients with reasonable care and skill. When medical treatment falls below a reasonable standard, and this results in harm or injury, this is known as medical negligence.

If you have been failed by a healthcare professional or hospital, you may have grounds to bring a medical negligence 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 or WA, please click here for information on medical negligence law.

I think I have a medical negligence claim. What should I do?

A successful medical negligence claim can help you to access the financial, care and support services that you and your family need to heal, and move forward with your life.

Medical negligence claims are by nature quite complex to run. If you decide to bring a claim for compensation, engaging a lawyer who possesses specialist expertise and experience in medical negligence is a critical step to ensuring you receive the best possible legal outcome.

With over 105 years of collective experience, Shine Lawyers’ Medical Law team have a proven record in obtaining outstanding results for our clients. Our team of carefully selected medical law experts practice exclusively in this dynamic area of law. This focused approach means we have a unique understanding of both the legal and medical intricacies of a medical negligence claim, and are positioned to ensure our clients receive the very best outcome.

It’s important to note that strict time limits apply to medical negligence claims. To speak to a member of our Medical Law team about your situation, please click on the Enquire Now button below. It would be our privilege to support you on your legal journey and help you get your life back on track.

What can I expect from the legal journey?

Should you decide to proceed with Shine’s Medical Law team, we will listen carefully to your story, and provide an assessment of all available options.

We take the time to explain the legal process to ensure you have an understanding of your rights, and can regain some control through what can be an exceptionally challenging time. We are committed to working closely with our clients and their families for the duration of the claim to alleviate the burden of stress and inconvenience.

While no two medical negligence claims are the same, a general outline of the legal process is provided below.

Process Diagram

For more information on what you can expect from your legal journey with Shine Lawyers’ Medical Law Team, watch the following video:

Why choose Shine Lawyers’ Medical Law Team?

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Obligation-free initial consultation to assess your case confidentially

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Claim assessment process where we will explain all of the options available to you

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We can come to you - if you can't make it into the office we're more than happy to come to you

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No Win No Fee arrangement

How do I know if I have a claim for medical negligence?

Medical negligence can occur in any situation where a medical professional or hospital has failed in their duty of care to their patients. You may have suffered from medical negligence if a health professional has failed to:

  • Diagnose a condition at all or in a timely way
  • Treat your medical condition in a proper manner
  • Perform a medical procedure with reasonable care and skill
  • Advise you of the risks associated with medication, surgery or procedures
  • Perform important investigations or monitor you appropriately
  • Report correctly or follow up your test results

These are only a few of the ways medical negligence can occur – you can read more about other situations and injuries in our FAQs. If you’re unsure if you have a claim, please get in touch so that we can discuss your unique circumstances and work through your options.

What can I claim compensation for?

The amount of compensation an individual can recover is not a pre-determined amount. Compensation is dependent on the significance of the injury and is designed to restore the individual, to the fullest extent money allows, to the position he or she would be in if the injury had not occurred. It reflects the harm or loss suffered by the individual, rather than the degree of negligence of the healthcare provider.

Compensation is commonly granted for:

  • Specialist medical care and rehabilitation
  • Pain, suffering and loss of enjoyment of life
  • Past and future loss of earnings
  • Home and vehicle modification needs.

Common Questions

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 (as was the case with Wayne's gastric bypass surgery) 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.

The medical negligence legal process can be quite complex. The below image is a good representation of how someone can move through the process and get the compensation they need.

Claims Process Diagram

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
  • Doctors
  • General Practitioners (GPs)
  • Surgeons
  • Radiologists
  • Nurses
  • Dentists
  • Midwives
  • Pharmacists
  • 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:

  • Obstetrics
  • Gynaecology
  • Neurology
  • Infectious diseases
  • Urology
  • Paediatrics
  • Emergency medicine
  • General surgery
  • Orthopaedics
  • Psychiatry

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.

Compensation Diagram

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.

*Conditions apply

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:

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.

Why you should choose Shine Lawyers to handle your medical negligence claim

Hear from some of our clients

History of Shine Lawyers

The Shine Lawyers team

Shine Lawyers also have accredited specialists in personal injury law across the nation.