If a healthcare provider causes you an injury while in their care, you may be able to make a claim for medical negligence compensation.
It can be confusing and stressful trying to work out your rights while also dealing with the difficulties of being injured in a healthcare scenario.
The law surrounding medical negligence and misdiagnosis may seem complicated, but we can provide you with the expertise and experience to help you get the compensation you’re entitled to.
What is medical negligence?
Medical negligence happens when you are injured because a medical provider failed to uphold their duty of care resulting in injury.
Medical negligence cases can take many forms. Some common examples include:
Misdiagnosis or delay in diagnosis
Injuries sustained during birth, including stillbirths and neonatal deaths
Failure to refer for investigations, specialist advice or emergency treatment
Injuries sustained as a result of medical care overseas
Prescription and medication errors
Triple test - Breast examination delay in diagnosis
Proving medical negligence
Establishing that medical negligence has occurred requires proving that the treatment you received fell below the standard of professional care and skill of a medical professional, and that your injury could have been avoided if your care had been appropriate and reasonable.
You may be entitled to medical negligence compensation
If you've suffered an injury as a result of medical negligence, you may be able to claim compensation for:
Pain and suffering
Loss of enjoyment of life
Past and future medical expenses
Past and future professional care costs
Loss of past earnings
Loss of earnings into the future
The commercial value of care and assistance provided to you by loved ones
Frequently Asked Questions
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, so it is important to act quickly. Extensions of time limits are also sometimes possible, but getting help as soon as you can from someone who understands the complexities of medical negligence law that applies in your state or territory is vital.
You can make a medical negligence claim against a medical provider. In the context of a medical negligence claim, that means hospitals or health professionals.
Each claim is different, and medical negligence law can be broad and complex. Our lawyer will work to get you the best possible outcome, and take the stress out of the legal process. To learn more about what to expect in a medical negligence claim.
We are the original no win no fee law firm. This means that if you don’t win you don’t pay the fees for the work we do on your case.
*For full T&Cs on No Win - No Fee, click here.
Additional costs
Separate to our professional fees are disbursements. These are the out-of-pocket costs that are incurred as your claim progresses. Disbursements might include the cost of obtaining your medical records and the cost of having an independent medical expert comment on the treatment you received.
Depending on the circumstances, these costs may be paid on your behalf by a third-party funder, by you or sometimes by us at Slater and Gordon. These options are discussed with your lawyer prior to any costs being incurred.
Before your claim begins, your lawyer will discuss in detail the estimated costs involved in bringing your case from start to finish.
No win no fee means that you will not be liable to pay legal costs unless your case is successful.
Our medical negligence lawyers aims to maximise your compensation while minimising stress
Medical negligence is a broad and complex area. Slater and Gordon are longstanding experts in these cases and we have successfully obtained compensation for thousands of clients who have been injured in these circumstances.
We understand that suffering an injury in the course of receiving medical care can be distressing and that our client’s cases are complex. Our lawyers will work with you to fully understand your situation, advise you of your rights to compensation, obtain the right evidence and pursue your case on your behalf.
We take on even the most difficult cases
Our team aren't afraid to take on large and complex cases. We don't focus on winning for our own sake, we focus on winning for yours. So whether your case is complex or not, you can be confident you have a team on your side who aren't afraid to put in the work to make sure you get the compensation you're entitled to.
You'll have one of Australia's largest consumer law firm working for you
If you are injured as a result of medical negligence anywhere in Australia, we have a lawyer near you that can look after your claim. Each medical negligence lawyer has the backing and support of an Australia-wide network to ensure that you get the best possible outcome.
Free social work services
We understand that obtaining the correct legal entitlements is only one of the many issues people have to face on their journey through life-changing incidents. As a caring and community-minded firm, we've long recognised the value of providing free social work services to address these issues to help improve clients’ wellbeing. In fact, we were the first, and are still the only law firm in Australia to offer this service. We're here to help you and your family get back on track in times of difficulty.
Listen to Mick's story.
Slater and Gordon client Mick shares his story.
We’ll take it from here
Medical negligence law is broad and complex, and we understand that suffering an injury while receiving medical care can be distressing.
Slater and Gordon have longstanding experience in this area, and we have successfully helped thousands of clients who have been injured due to medical negligence or medical malpractice.
Our lawyers have the backing and support of an Australia-wide network to help you get the best possible outcome.
With Slater and Gordon our lawyers will work with you to fully understand your situation, advise you of your rights to compensation, obtain the right evidence and take the stress out of the legal process so that you can focus on your recovery.
What to expect
Every medical negligence case involves a unique set of medical facts and legal implications. However, there is generally a set of steps that are required to be taken during the life of each case. Our team of dedicated medical negligence lawyers will guide you through each of these to help you get the best possible outcome.
Get in touch with us
We'll give you information to help you decide on the best course of action for you, and organise your free initial appointment**.
Meet with your lawyer
This provides you with the opportunity to tell your story and find out more about the options available to you.
We'll obtain and review medical evidence
We'll obtain your medical records to understand more about your injury and its effect on your life.
We'll obtain expert evidence
It is usually necessary to obtain a report from an independent medical expert which comments on the standard of care you received.
We'll file court documents
If the independent evidence we gather supports your case, we will then lodge court proceedings on your behalf.
Resolution of your case
Most medical negligence cases resolve at a settlement conference without the need to proceed to a trial.
In rare cases, the parties are unable to reach a settlement and the case proceeds to a trial. Whether we take your case to trial is completely your choice and our team will provide you with advice and support every step of the way
Meet our medical negligence lawyers
Our team will handle your case in a sympathetic manner. We'll let you tell your story and listen carefully to what you want to achieve to provide you with the best legal advice to meet your specific needs. We're experts in all types of medical malpractice cases, with a large Australia-wide team of lawyers who have been fighting and winning cases like yours for years.
Superannuation and Disability Insurance claims
If you are no longer performing your normal work duties as a result of your injury, you may be entitled to a disability benefit through your superannuation fund. We can conduct an obligation-free assessment to find out if you may be entitled to a payment.
Learn more about Superannuation and Disability Insurance claims