Medical Negligence Lawyers

Medical Negligence Lawyers

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Examples of medical negligence in Australia can include:

  • Provide medical treatment that worsens an existing medical condition;
  • Provide a misdiagnosis or failure and delayed diagnose of a condition;
  • Fail to perform surgery with reasonable care and skill; or
  • Incorrectly report on test results.
  • Surgical errors
  • Birth injuries
  • Prescription or medication errors
  • Anesthesia errors
  • Failure to obtain informed consent
  • Failure to properly monitor a patient
  • Negligence in post-operative care

Not all adverse outcomes = medical negligence

A successful claim for medical negligence can result in the awarding of compensation for the harm caused by the negligence of a medical professional. However, there is a high threshold for medical negligence. Not all medical errors are ‘negligent’. Just because you suffer a bad or unexpected outcome from medical treatment, this does not give you an automatic right to sue for medical negligence.

Whether you are successful will depend on the strength of your claim, extent of your provable damages and the applicability of any defences that may be relevant to the claim.

There must be evidence that the healthcare professional’s actions fell below the acceptable standard of care and that the patient suffered harm as a result.

Note that a family member of a person who has died as a result of medical negligence may be able to make a claim for nervous shock. Again, the success of this claim will depend on the circumstances of the case.

Time Limits for Making a Claim

Our experienced lawyers can advise you on the specific time limits that apply to your case and help you to ensure that your claim is made within the appropriate timeframe.

These time limits also known as Statute of Limitations, vary from state to state and are usually 3 years from the date of injury or the discovery of the injury.

Types of compensation Available

If you are affected by medical negligence, there are different types of compensation available.

This can include:

  • medical expenses
  • lost income
  • pain and suffering
  • other damages

Case Study: Client Sues Hospital For Nervous Shock

Read about how we assisted a client to sue a hospital for nervous shock. HB’s father passed away as a result of an incorrect anaesthetic. Consequently, HB made a claim against the hospital for the medial negligence that caused the death of her father. The hospital agreed to settle, paying a large sum of compensation to HB for her nervous shock.

Contact our Medical Negligence Lawyers

If you or a loved one have been affected by medical negligence, it is important to seek legal advice as soon as possible.

Speak to one of our civil solicitors today to determine whether you have a potential claim for compensation. We understand the complexities of these types of cases and can provide you with the guidance and support you need to navigate the legal system.

Our lawyers are also able to operate in any state of Australia and advise you on your case. 


O’Brien Criminal & Civil Solicitors
p: 02 9261 4281
a: Level 4, 219-223 Castlereagh St,
Sydney NSW 2000

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