Medical Negligence

What is Medical Negligence?

Medical negligence (also known as clinical negligence) is where health professionals fail their duty of care to you as a patient. Claims cover any wrong, accidental or substandard care by medical professionals that causes patient injury, or make an existing condition worse. Incorrect treatment and surgical errors leading to misdiagnosis and dental negligence are some of the areas you can claim compensation for.

Medical negligence claims are a bit different to personal injury claims due to the fact you as the claimant must provide two things at fault, the incident and avoidable harm caused. This means you must demonstrate that medical staff failed to fulfil their responsibilities to you as a patient and that this failure cause you harm that should not have happened.

If you’ve suffered an injury because of somebody else, we are here to help you take the first steps to claiming compensation. Contact us on 1800 536 752 today for jargon-free, impartial advice on a no win, no fee basis.


What injuries and symptoms allow me to claim for medical negligence?

  • Pain and suffering 
  • Hospital negligence for illness caused by incorrectly dressed or cleaned wounds or the development of pressure sores 
  • Hospice negligence including injuries and incorrect medication 
  • Dental negligence causing damage to the teeth gums and jaw 
  • Injuries during or after general surgery 
  • Misdiagnosis of a medical condition which can lead to incorrect treatment 
  • Medication errors where the wrong medication has been given or prescribed 
  • Birth injuries including both the Baby and the Mother even if it is during pregnancy, during labour, or after birth 
  • Elders Abuse e.g. is you or a loved one been mistreated or taken advantage of by a carer 

How can you prove medical negligence?

Injuries can occur even when a medical professional is acting appropriately, however where the treatment you have received has fallen short of an acceptable standard, you may be entitled to compensation. In order to prove medical negligence has occurred it must be shown that the treatment received fell below the standard of care and skill that a reasonable professional would have provided in the same circumstances. It must also show that your injury would have been avoided if your care had been appropriate by another health care professional.

Can I claim medical negligence for my mental health incident?

Mental health episodes after an accident are extremely common, such as something simple like a fear of driving can develop after the incident. Often peoples lives can change after suffering an injury that was not their fault and may struggle to go back to work or enjoy the things in life they did pre accident. Some examples of mental health struggles after an accident are as follows:

  • Anxiety
  • Depression
  • Insomnia
  • Fear of driving or difficulty driving
  • Post traumatic stress disorder 

Is there a time limit on claiming medical negligence?

Yes there is a time limit of three years from the date of the medical negligence incident.


Can I make a claim for medical negligence?

In Australia we put our absolute trust in medical professionals to perform ethically at all times, including diagnosis, medication, treatment or any procedure requiring surgery. When one of these things goes wrong the impact can sometimes leave people with life changing consequences.

You can talk to us for free, impartial advice in absolute confidence at your own pace and in your way. It’s likely you’ll have lots of questions on your mind, one of our friendly staff members would love to hear from you and answer any queries you might have.

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