Understanding your rights if you have been impacted by medical negligence is vital to ensure you can be properly compensated.
Medical Negligence
Understanding Medical Negligence Claims
Medical professionals have a legal duty to provide treatment with reasonable skill, care and judgement. If this duty is breached, for example by way of misdiagnosis, surgical error, or delayed treatment, and the patient suffers harm as a result, it could be considered medical negligence.
To establish a medical negligence claim, you must demonstrate that your injury or illness occurred or was worsened because of the negligence of treating medical staff. Ultimately, it needs to be shown that the duty of care owed to you, as a patient, by a doctor, allied health professional or hospital has been breached.
It is important to understand that a procedure or treatment going wrong does not necessarily mean that the practitioner has been negligent. Therefore, to support a claim, strong evidence must be provided to demonstrate that the treatment failed to be completed with the due care, skill and attention required by medical professionals.
If you are able to establish a medical negligence claim, you may be eligible for compensation for your injury, loss or damage.
Compensation in Medical Negligence Claims
Medical negligence can have serious and lasting impacts, affecting not just your health, but also your financial stability and everyday life. If it is proven that your injury or illness was caused by substandard medical care, you may be entitled to claim compensation designed to help restore what you’ve lost.
Depending on your individual circumstances, compensation may include:
- Pain, suffering, and reduced enjoyment of life
- Past and future medical expenses, including treatment, rehabilitation, and medications
- Loss of earnings, both past income and any reduced future earning capacity
- Care and assistance, whether provided by professional services or unpaid support from family and friends
- Costs for home or vehicle modifications required to assist with daily living after injury
- Out-of-pocket expenses, including travel for medical treatment, equipment or home aids
We are here to help
Frequently Asked Questions
Medical negligence claims generally have to be lodged within three years of the negligent medical treatment or procedure. Failure to commence a claim in time can mean that the claim is statute-barred and cannot be pursued. Although, in some cases, an application for an extension may be granted.
However, it is recommended that, if you believe you have been a victim of medical negligence and may have grounds for a claim, legal advice is sought promptly so that your lawyer can begin the necessary investigations into your individual circumstances.
• Misdiagnosis or delayed diagnosis, resulting in worsened conditions or missed treatment opportunities.
• Surgical errors, such as operating on the wrong site, causing unintended injury, or leaving surgical instruments in the body.
• Medication-related mistakes, including prescribing the wrong drug or dosage, or failing to consider known allergies.
• Birth and pregnancy-related complications that could have been avoided with proper medical care.
• Anaesthesia errors, such as administering incorrect dosages or failing to monitor vital signs during procedures.
• Failure to warn of risks, where a patient is not adequately informed about the known or material risks of a treatment or procedure.
Medical negligence claims typically take between 12 to 24 months to resolve, depending on the complexity of the case. In many situations, the injury needs to stabilise before the claim can progress. This allows medical experts to assess the extent of the harm, understand the long-term effects, and provide supporting medical evidence for the claim.
Other factors that influence timing include the strength of the evidence, cooperation during negotiations, and whether the case proceeds to court. Delays can also occur when obtaining medical reports or expert opinions.
Given the complexity and individual nature of medical negligence matters, it’s important to seek expert legal advice promptly. At Grope Hamilton Lawyers, our experienced team can guide you through the process efficiently and clearly, working toward the best possible outcome.
Our Medical Negligence Claims Process
Free 30-Minute Initial Consultation
We provide an initial consultation of up to 30 minutes, during which our team assesses your situation and helps determine if you have a viable medical negligence claim. It’s your opportunity to gain clear, professional guidance at no initial cost.
Evaluating Your Eligibility for No Win, No Fee
Not every case is automatically eligible for our 'No Win, No Fee' arrangement. During our initial review, we’ll carefully assess your claim’s eligibility and clearly explain if your circumstances qualify for this service.
Comprehensive Evidence Collection
Our lawyers will rigorously gather and examine medical records, specialist medical reports, and other critical evidence required to build a compelling, carefully documented case on your behalf.
Claim Preparation and Submission
We manage all aspects of your claim preparation and formal submission to the relevant insurers or courts, allowing you the peace of mind to concentrate on your recovery.
Negotiation and Litigation Expertise
While most medical negligence cases resolve through negotiation and mediation, we stand ready to vigorously represent your interests in court when necessary, pursuing the full compensation you deserve.
Ongoing Guidance and Support
Our dedicated team remains accessible throughout your claim process, addressing questions and providing clear communication to ensure you feel fully supported from start to finish.