Medical Negligence Claims
If you think your medical treatment has caused you an injury, we may be able to help you with a compensation claim.
Licensed in all Australian states
Medical Negligence Claims
What is Medical Negligence?
Understanding Medical Negligence claims in Australia.
Medical negligence occurs when a healthcare practitioner breaches their duty of care by failing to exercise the reasonable care and skill expected of a competent practitioner in similar circumstances, causing the patient harm.
Duty of care: The practitioner owed the patient a duty.
Breach: Their action or failure to act fell below the required standard.
Causation: That breach caused the patient’s injury.
Damage: The patient suffered legally recognised harm, such as physical injury, psychological harm or financial loss.
Medical negligence claims can provide crucial financial support when you’re unable to work due to injury or illness, helping cover medical expenses, ongoing care costs, and replacing lost income.
Common scenarios covered by Medical Negligence
Cerebral Palsy
Delays in delivery of a baby or failure to treat low blood sugar or jaundice.
Brain Injuries
Delays in treating meningitis or stroke or aneurysms.
Spinal Injuries
Delays in treating serious spinal conditions, causing permanent paraplegia.
Infection Claims
Delays in identifying and/or treating infection, leading to sepsis or tissue loss and amputation.
Surgical Claims
Poorly performed surgical procedures, causing worse outcome.
Cancer Claims
Delays in diagnosing cancer, causing the cancer to spread.
Medical Negligence Claim Process
How we help you navigate the Australian Medical Negligence claim journey.
1
Initial Consultation
We’ll listen to your story, assess your situation, and advise on the likelihood of success for your medical negligence claim.
2
Eligibility Check
We assess your medical records with your claim, and assess potential compensation amounts.
3
Expert Reports
We will get independent expert evidence to prove that your treatment fell below a reasonable standard and caused you injury – this is a crucial step in your claim.
4
Medical Examinations
We will need independent specialists to assess your injuries and advise on your future prognosis and need for treatment.
5
Negotiation Representation
We represent you in negotiations with insurance companies, ensuring your interests are maximally protected.
6
Claim Settlement
Once your claim is approved, we ensure you receive your compensation fully and promptly.
Common Pitfalls to Avoid
Incomplete medical evidence
Missing specialist reports or diagnostic results.
Missing claim deadlines
Some policies have strict time limits for filing claims.
Social media contradictions
Posts that contradict your claimed injuries.
Inconsistent statements
Contradictions in your medical or employment history.
Success Stories
Real outcomes we’ve achieved for our Australian clients
Michael from Brisbane, QLD
Construction worker with back injury
“After a serious workplace accident left me with a permanent back injury, I couldn’t return to construction work. My claim was initially rejected, but the team helped me appeal and secure a payout that has given my family financial security.”
Claim duration: 7 months
$385,000 payout
Sarah from Sydney, NSW
Teacher with multiple sclerosis
“When I was diagnosed with MS, I had no idea I could claim on my super. The team identified three separate policies I was covered under and helped me successfully claim on all of them, providing crucial financial support.”
Claim duration: 5 months
$520,000 payout
David from Melbourne, VIC
IT professional with severe depression
“After struggling with treatment-resistant depression for years, I couldn’t continue working. My insurer initially claimed my condition wasn’t permanent, but the team gathered compelling medical evidence that secured my claim.”
Claim duration: 9 months
$420,000 payout
Emma from Perth, WA
Nurse with spinal injury
“A car accident left me with permanent spinal damage. Despite having an “own occupation” TPD policy, my claim was denied. The team fought for me through an appeal process and secured a substantial settlement.”
Claim duration: 11 months
$465,000 payout
These are just a few examples of the hundreds of Australians we’ve helped secure TPD payouts. Every case is different, and results may vary depending on individual circumstances.
Discuss Your Claim
Our Commitment
We are committed to putting our clients’ interests first and providing the highest quality service.
Transparent Communication
Regular updates on your claim progress and clear explanations of each step
No Win, No Fee Guarantee
You only pay legal fees if your claim is successful
Compassionate Support
Understanding the challenges you face and providing emotional support throughout
Maximum Compensation
Fighting to ensure you receive every dollar you’re entitled to
Contact Us
Fill in your information to receive free consultation about your claim.
Contact Information
Address
Level 1, 66 Marine Parade, Stradbroke Plaza, Southport QLD 4215
Hotline
Business Hours
Monday – Friday: 9:00 AM – 5:00 PM
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Frequently Asked Questions
Common questions about Medical Negligence claims and our services.
What is Medical Negligence?
Medical negligence occurs when a healthcare practitioner breaches their duty of care by failing to exercise the reasonable care and skill expected of a competent practitioner in similar circumstances, causing the patient harm.
Doctors can make mistakes like anyone else. Compensation aims to restore you to the position you would have been in without the injury, rather than punish your doctor. Doctors must have medical indemnity insurance, so their insurer usually pays the compensation.
How can I prove a medical negligence?
Your account is the foundation of your claim and helps identify what may have gone wrong with your treatment. Most claims also require an independent medical expert to review the relevant records and assess whether your care fell below a reasonable standard and caused your injury.
What is the time limit to log a medical negligence claim?
Time limits for starting a claim vary between states and territories. Tell us where you received treatment so we can advise which deadlines apply. Missing a deadline may prevent you from making a claim, so seek legal advice as soon as possible.
How long will my medical negligence claim take?
Before settlement negotiations begin, your injury should be stable, meaning it is unlikely to significantly improve or worsen. Many injuries stabilise within 12 months, but serious injuries, particularly in children, may take longer.
While you recover, we will prepare your claim. The first settlement conference usually takes place within 12–18 months of starting your claim. If an adequate settlement cannot be reached, court proceedings may be needed, extending the time it takes to resolve your claim.
Do I need a lawyer to assist with the claim?
Medical negligence claims are complex. We bring years of experience to developing a strategy tailored to your claim, gathering the right evidence and engaging suitable experts. They will give you honest advice about your prospects of success and support you to take the next step with confidence.
What will I need to do during my claim?
Your health and recovery come first. We will ask you for information and documents about how your injury has affected you, and to review documents we prepare to ensure they accurately tell your story. You may also need to attend medical examinations, which we will organise.
We will guide and support you through settlement negotiations, but you will make the final decisions.