Trusted & Recommended by Clients. Let by Accredited Specialists
4.6Â – 120 Reviews
The O'Brien Advantage
Proven Track Record
We have a strong history of successfully representing clients in complex medical negligence claims. Our team has secured significant compensation for patients who have suffered due to medical errors, misdiagnoses, and substandard care, ensuring they have the resources needed for recovery and future well-being.
Extensive Medical & Legal Expertise
Our lawyers possess specialised knowledge in both medical and legal fields. We work closely with a network of independent medical experts to build robust cases that clearly demonstrate a breach in the standard of care. This dual expertise allows us to navigate the technical complexities of medical negligence law to achieve the best possible outcome for you.
Compassionate & Personalised Approach
We understand the profound physical and emotional impact that medical negligence can have on you and your family. We take the time to listen to your story with compassion and develop a legal strategy that is tailored to your unique circumstances and needs, supporting you every step of the way.
No Win, No Fee*
To ensure everyone can access justice, we offer our services on a no win, no fee basis for medical negligence claims. This means you do not pay our legal fees unless we successfully win your case, removing the financial risk and allowing you to focus on your health.
Medical Negligence: Cases We Handle
MISDIAGNOSIS OR DELAYED DIAGNOSIS
We represent clients whose medical conditions were not diagnosed correctly or in a timely manner. A failure to identify a serious illness can lead to worsened health outcomes or a lack of effective treatment options, and we work to hold the responsible practitioners accountable.
SURGICAL ERRORS
Our lawyers handle cases involving preventable mistakes made during surgery. This includes wrong-site surgery, nerve damage, perforation of organs, and foreign objects being left inside a patient’s body. We fight to secure compensation for the additional harm and recovery time caused by these errors.
BIRTH INJURIES
We provide compassionate and expert legal support for families affected by injuries to a mother or child during pregnancy, labour, or delivery. Our team has experience with sensitive cases involving conditions like cerebral palsy caused by a lack of oxygen or other forms of negligence.
MEDICATION ERRORS
Our firm pursues claims for harm caused by medication mistakes, such as being prescribed the wrong drug or dosage, improper administration of medication in a hospital setting, or a failure to account for known patient allergies, leading to adverse reactions.
ANAESTHESIA ERRORS
We represent clients who have suffered serious complications due to anaesthesia errors. These claims can arise from an improper dosage, inadequate patient monitoring during a procedure, or a failure to properly assess a patient’s medical history before administering anaesthesia.
FAILURE TO OBTAIN INFORMED CONSENT
You have the right to make informed decisions about your own medical treatment. If a healthcare provider failed to properly explain the risks of a procedure and you suffered an unexpected injury as a result, we can help you pursue a claim for damages.
Protecting Your Health & Rights: Our Process
At O’Brien Criminal and Civil Solicitors, we manage the complex legal process so you can focus on what matters most: your recovery. We take a strategic approach to every medical negligence claim to ensure your rights are protected.
Investigating Your Claim
We conduct a thorough review of your medical records and all relevant circumstances to gather the evidence needed to build a strong foundation for your case.
Engaging Medical Experts
We collaborate with highly regarded, independent medical specialists who provide expert opinions on whether the care you received fell below the accepted professional standard.
Negotiating & Litigating
Our lawyers are skilled negotiators who aim to secure a fair settlement without going to court. However, we are fully prepared to litigate on your behalf to secure the compensation you deserve.
Meet Our Medical Negligence Law Team
Led by Law Society Accredited Specialists in Personal Injury Law, our dedicated medical negligence team has a wealth of experience and a record of success in this highly specialised area. Our lawyers are committed to fighting for the rights of patients and have represented clients in complex cases across Australia.
No matter the circumstances of your case, our team will provide you with clear, strategic advice and a roadmap to achieving the best possible result. We are passionate about holding medical practitioners and institutions accountable and securing the resources our clients need to move forward.
Our team at O’Brien Criminal & Civil Solicitors includes Law Society Accredited Specialists in Civil Law with proven expertise in medical negligence claims. Achieving Specialist Accreditation involves a rigorous assessment process that recognises advanced legal knowledge, practical skill, and excellence, ensuring our clients receive trusted, high-quality representation in complex medical negligence matters.
The Medical Negligence Claims Process
1. Free Initial Consultation
If you believe you have suffered due to medical negligence, contact us for a free, no-obligation consultation. A specialist lawyer will listen to your story, assess the details of your situation, provide an initial opinion on your claim, and explain your legal options.
2. Investigating & Building Your Case
Once you decide to proceed, we will meticulously gather all necessary evidence. This includes obtaining your complete medical records, taking detailed statements, and engaging independent medical experts to prepare reports on liability and the extent of your injuries.
3. Communication & Updates
We believe in clear and consistent communication. Your lawyer will keep you informed at every stage of the process, explaining complex medical and legal terms in plain language. We will work with you to review evidence and make key decisions about your case.
4. Pursuing a Resolution
Our team will work tirelessly to achieve the best outcome. This often involves negotiating a settlement with the healthcare provider's insurers. If a fair settlement cannot be reached, we are prepared to represent you in court to secure the compensation you are entitled to.
Remember: Medical negligence law is complex, and expert legal advice is essential. Our experienced solicitors are here to guide you through every stage of your claim, ensuring your rights are protected and you receive the compensation you deserve.
What to Do if You Suspect Medical Negligence
If you believe your health has been compromised by the actions or inactions of a healthcare provider, it is critical to take the right steps to protect your health and your legal rights.
- Key Steps to Take
- Prioritise Your Health: Your first priority should always be your well-being. Seek a second opinion from a different doctor or specialist to ensure you are receiving the appropriate medical care for your condition.
- Document Everything: Keep a detailed journal of your symptoms, treatments, appointments, and any conversations you have with medical staff. It is also important to save all related bills, receipts, and correspondence.
- Request Your Medical Records: You have a right to access your medical records. Formally request a complete copy of your file from the doctor, hospital, or clinic where the suspected negligence occurred. These records are crucial evidence.
- Seek Legal Advice Immediately: Strict time limits apply to making a medical negligence claim. Contact a specialist lawyer as soon as possible. Early advice is essential for preserving evidence and building the strongest possible case.
General Tips for Your Claim
- Act Quickly: Statutes of limitation can bar you from making a claim if you wait too long. Contacting a lawyer promptly protects your right to seek compensation.
- Avoid Direct Discussion: Do not discuss your legal intentions or make direct allegations of negligence to the healthcare provider or institution involved. Allow your lawyer to handle all communications on your behalf.
- Understand Your Rights: You may be entitled to compensation for your pain and suffering, past and future medical expenses, lost income and earning capacity, and the cost of any ongoing care or assistance you require.
Remember: You do not have to navigate this challenging time alone. Let the medical negligence experts at O’Brien Criminal and Civil Solicitors guide you. We will fight to secure the justice and compensation you deserve, and with our no win, no fee arrangement, you can seek legal help without any upfront financial risk.
Voices of Justice: Client Reviews
Read what clients of O’Brien Criminal and Civil Lawyers have said in Google Reviews after we’ve helped clients restore their good names.
Peter O'Brien (with his superb team) has been a phenomenal blessing to me. He believed me, supported me, and undertook extensive detective work and archive research in the preparation of my case culminating in a legal precedent that will be referred to by future court decisions. It has been a stressful 9 years from beginning to end and Peter was steadfast the entire time. Thank you Peter
Absolute best in the business, I had the pleasure of Peter running one of my civil cases and to say he and his team went above and beyond is an understatement, Peter and his team are both professional and friendly, can't thank you guys enough, one would say the Lamborghini of defence.
Used O'Brien solicitors for both my criminal law case which they managed to get all charges dismissed when I was looking down the barrel of 18 months jail. Then even more impressively ran my civil claim vs the police and I got a very good outcome and substantial pay out. Easy to talk to and actually listened and took my opinion into consideration which is a first. Highly recommend!
I contacted O’Brien Solicitors after an incident involving NSW Police. The matter was based around Police behaviour in a Domestic Violence situation involving myself and members of my family. After hearing the details, Peter agreed to represent us on a no-win no-fee basis. Although potentially extremely stressful, Peter and his team made the whole process a lot easier than I had anticipated. The whole team at O’Brien's were terrific. The matter was settled and we were very happy with the outcome and, as promised, there were no fees payable by us. I couldn’t recommend this firm highly enough.
I first got in touch with O'Brien's after I posted online about my family member's situation. Peter O'Brien messaged me personally and referred me to two amazing lawyers in his firm; Wilson and Sidnie. Outstanding attention to detail and empathy. Legal Aid was available, and the case was handled with a lot of care which led to a very positive outcome. Additional legal support was offered following the outcome, without having to ask. Highly recommended for both criminal and civil matters. Thank you!
They stick up for the little guy. Keep it up!
O'Brien solicitors represented me in very complicated civil proceedings. From day one, I was greatly impressed by the knowledge and professionalism of the entire team at O'Brien solicitors. After a year of court proceedings, the matter was finalised in my favour and I could not have expected such a great outcome.
O'Brien Solicitors are a highly capable and professional team who are very generous with their time and are willing to pursue justice against those powers that be. Peter and Sidnie agreed to represent the Refugee Action Coalition at short notice in court to defend the right to protest and prepared an excellent defence. They come up with legal avenues and solutions that many others have missed. Highly recommended. After a year of court proceedings, the matter was finalised in my favour and I could not have expected such a great outcome.
Ordinary people standing up against inhumanity, abuses of power and for a better world need to know someone has their back when their own rights are abused. Thank you.
As a victim of police brutality, I was dismayed by the total lack of concern and a refusal to investigate the complaint I made in writing to the NSW Police and NSW Ombudsman. Even before I contacted Peter O'Briens Solicitors, I was encouraged by the information and positive attitude shown on their website. Peter O'Brien and the team at O'Briens Solicitors have been wonderfully helpful and supportive in seeking legal redress through the Courts. I wholeheartedly recommend Peter O'Brien’s Solicitors to anyone who has experienced police misconduct and had their rights trammelled by heavy-handed police officers.
FAQs
What is medical negligence?
Medical negligence occurs when a healthcare provider, such as a doctor, surgeon, dentist, or hospital, fails to provide a reasonable standard of care, and this failure directly causes you injury, harm, or loss. This can include:
Misdiagnosis or delayed diagnosis
Surgical errors
Incorrect treatment
Birth injuries
Medication or anaesthesia mistakes
In NSW, you must prove the provider breached their duty of care and that this breach caused your damages.
How long do I have to make a medical negligence claim?
Generally, you have 3 years to make a claim.
This 3-year period starts from the "date of discoverability," which is the first date you knew, or should have known, that:
You had suffered an injury.
The injury was serious enough to justify legal action.
- The injury was caused by the fault of the healthcare provider.
These time limits are very strict, and courts rarely grant extensions. It is vital to seek legal advice as soon as you suspect something went wrong.
What do I need to prove to win a medical negligence case?
To succeed, you must prove three key things on the balance of probabilities:
Breach of Duty of Care:Â Your healthcare provider acted in a way that was not widely accepted by their professional peers as competent professional practice.
Causation: The provider’s negligent actions or advice directly caused your injury or made your condition worse.
Damage:Â You suffered harm as a result, which can include physical or psychological injury, financial loss, or the need for ongoing care.
What does "no win, no fee" mean for a medical negligence claim?
"No win, no fee" means you do not have to pay our professional legal fees unless your case is successful.
If you win:Â Our legal fees are typically calculated as a percentage of, or are deducted from, your final compensation amount.
If you lose:Â You may still be responsible for paying for "disbursements." These are out-of-pocket costs like fees for expert medical reports, which are essential for these cases. You might also have to pay the other party's legal costs.
It is essential to read your costs agreement carefully to understand what is covered.
How much compensation can I get?
The amount of compensation varies significantly based on the specifics of your case. It is calculated to cover losses such as:
Pain and suffering
Past and future medical expenses
Loss of past and future income
The cost of domestic assistance or personal care
In NSW, the Civil Liability Act 2002 places certain restrictions and thresholds on the amount of compensation that can be awarded, particularly for pain and suffering. Your solicitor will provide a detailed assessment of your potential entitlements.
Who pays the compensation? Is it the doctor?
You make a claim against the healthcare provider or hospital, but the compensation is paid by their professional indemnity insurer, not the individual doctor from their personal funds. This ensures that funds are available to cover your compensation, regardless of the provider's financial situation.
Will making a claim affect the doctor's career?
A civil claim for compensation does not automatically result in disciplinary action. However, the insurer is required to report the claim, which may trigger a review of the doctor's conduct by the hospital or the Australian Health Practitioner Regulation Agency (AHPRA). The primary goal of your claim is to secure compensation for you, but it can also contribute to improving standards and accountability.
What evidence do I need for a medical negligence claim?
Building a strong case requires comprehensive evidence. You should gather:
Your detailed account of events, in chronological order
Complete clinical notes and medical records from all treating practitioners
Reports from independent medical experts to provide an opinion on the standard of care
Photographs of your injuries
Financial records showing lost income and expenses, such as payslips and receipts
Statements from family or friends detailing the impact the injury has had on your life
Your solicitor will guide you in obtaining the crucial evidence, especially the independent expert reports.
What's the difference between a health complaint and a legal claim?
Health Complaint: This is an administrative process made to a body like the Health Care Complaints Commission (HCCC) in NSW. It focuses on a provider's conduct and public safety and may result in disciplinary action, but it will not result in financial compensation for you.
Legal Claim:Â This is a civil lawsuit filed in court. Its sole purpose is to seek financial compensation for the harm and losses you have suffered due to negligence.
You can pursue both a complaint and a legal claim at the same time.
How long will my medical negligence case take?
Medical negligence cases are complex and typically take between 18 and 36 months to resolve. The timeline depends on factors like:
The complexity of the medical issues
The time required to gather evidence and obtain expert reports
The cooperation of the healthcare provider and their insurer
Whether the case settles through negotiation or must proceed to a court hearing
The vast majority of cases are settled out of court. Your solicitor will provide you with a more specific timeline after assessing your case.
Civil Law Case Studies
- Nicole Byrne
- November 18, 2025
Our client, Derek*, a young Aboriginal man, successfully sued the State of New South
- Nicole Byrne
- October 30, 2025
In a major legal triumph for civil liberties, the New South Wales Supreme Court
- Nicole Byrne
- October 27, 2025
Our client, Rachel*, has courageously held the State of NSW accountable for the abuse
- Nicole Byrne
- October 15, 2025
Sexual Abuse by Police Officer: Brave survivor receives justice after suffering abuse by a
- Nicole Byrne
- October 2, 2025
Our client, Dan*, was a young Aboriginal man with complex mental health needs. He
- Nicole Byrne
- September 30, 2025
Security guards at a NSW sports game racially discriminated and falsely imprisoned our client
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- 100% Confidential
- No Obligation
- Award Winning Team
- Proven Track Record
