Medical Negligence

Medical negligence involves a breach of duty of care to a patient by hospitals, medical and other health professionals such as physiotherapists and chiropractors.

Medical negligence cases often involve very complex issues. They may be vigorously defended and require extensive research, the commissioning of experts’ reports as well as significant preparation.

Negligent medical treatment can occur in many different contexts and can include –

  • failure to diagnose a specific condition or excessive delay in making that diagnosis
  • failure to refer a patient to an appropriate specialist
  • failure to report correctly on test results failure to provide appropriate treatment
  • failure to warn of the risks associated with a procedure
  • failure to perform a procedure with reasonable care and skill
  • failure to provide post-operative care with reasonable care and skill.

Different laws apply in each state so it is important to have the right legal expert to give you advice on your legal rights.
The amount of compensation you might receive can vary by thousands or even hundreds of thousands of dollars. You need an experienced and specialised lawyer to help you find out what your claim is worth.

You should be aware that the insurance companies employ massive panels of corporate law firms, investigators and doctors to try and defeat or reduce your compensation claim. Insurance companies are profit-driven and so they try to keep more of their money to themselves by trying to reduce the value of your claim. You must have an expert team on your side or you risk losing a large part of your compensation entitlements.

How much will I get?

The amount you get is made up of the following:

  • General damages for pain and discomfort and loss of enjoyment of life.
  • Medical expenses and out of pocket expenses (past and future).
  • Loss of wages up to the date of the hearing or settlement resulting from the accident.
  • Future loss of wages which are expected to be incurred.
  • Damages for personal care and nursing provided by a friend or relative. This has to be very carefully documented and so we suggest that you keep a diary and enter the details of what was done for you immediately.

We can advise you on what you might expect to receive when you come in and see us.

What do we do for you?

There are a number of things that must be done behind the scenes to make sure that your claim is prepared properly and well presented. We will investigate the accident, start court proceedings and get medical reports from your doctors about your treatment, condition and disabilities. We will also get details of your wages and any workers’ compensation payments from your employer. We will advise you of the amount of compensation you are likely to get. We also negotiate with insurance company solicitors. We will explain what is happening at each stage of your case. Finally, we will fight for you in court.

We will guide you through the process from opening your case through to final settlement of your claim.

We offer the first consultation free to ascertain the details of your claim. Then we can advise you on the procedures involved in making a claim for compensation through the courts, or by mediation and negotiation.

We can also come to visit you if your injury means you are stuck at home or in hospital.

We only require payment of our professional fees if the action taken on your behalf is successful.

Look over our fees, understanding our fees, or one of our case studies.

    Useful Links »

  1. Comcare – Administers the Commonwealth workers compensation scheme: www.comcare.gov.au
  2. NSW Motor Accidents Authority – Contains information in relation to NSW Motor Vehicle accidents: www.maa.nsw.gov.au
  3. Worksafe ACT – Contains information in relation to the ACT Workers Compensation Scheme: www.worksafe.act.gov.au
  4. NSW Workcover Authority – Contains information in relation to the NSW Workers Compensation Scheme: www.workcover.nsw.gov.au
  5. NSW Workers Compensation Commission – Resolves workers compensation claim disputes in NSW: www.wcc.nsw.gov.au
  6. Medicare: www.medicare.gov.au
  7. Centrelink: www.centrelink.gov.au
    Useful Forms »

  1. Medicare Third Party Authority: Medicare Third Party Authority – 00146751.pdf
  2. Conditional Cost Agreement: Conditional Costs Agreement – 00148040.doc
  3. Authority to Release Medical Information: Medical Authority – 00148043.doc
  4. Authority to Release Confidential Information: Authority to Release Confidential Information – 00148041.doc
  5. ACT Accident Notification Form: ACT Personal Injury Claim Notification.pdf
  6. ACT Workers Compensation Claim Form – Incapacitated worker: 2002-88.rtf
  7. ACT Workers Compensation Claim Form – Dependent of worker: 2002-89.rtf
  8. ACT Workers Compensation Medical Certificate: 2004-3.rtf
  9. NSW Workers Compensation Claim Form: workers_injury_claim_form_5299.pdf
  10. NSW Workers Compensation Certificate of Capacity: workcover-certificate-capacity-1300.pdf
  11. NSW Motor Accident Personal Injury Claim Form: NSW MVA Claim Form.pdf
  12. ACT Motor Accident Notification Form: MVA – Notification Form.pdf