$200M+
In Compensation Recovered
Real settlements paid to injured Australians and their families across every state and territory.
Medical Negligence Claims
Free Medical Negligence Claim Check
Receive major compensation when medical treatment fell below the expected standard.
Medical negligence claims are complex and require specialist lawyers. If you've suffered serious harm because of misdiagnosis, surgical error, birth injury, dental error, or other treatment that fell below the expected standard, you may be entitled to compensation. Our partner lawyers focus exclusively on medical negligence.
- Hospital, GP, specialist and dental claims
- Birth injuries and surgical errors
- Misdiagnosis and delayed diagnosis
- Specialist medical negligence lawyers only
No Fees
Unless You Win
You pay nothing out of pocket. Our partner firms only get paid when you do.
Every Scheme
Covered
CTP, TAC, MAIC, ICWA, icare, WorkCover, ReturnToWorkSA, every Australian compensation scheme.
Medical negligence in Australia, explained
Medical negligence is the most technically complex area of personal injury law. Cases require detailed medical record analysis, independent expert opinions, and lawyers who run these matters every day. Most general personal injury firms refer medical negligence work to specialist firms; we do too.
Common medical negligence claims
- Misdiagnosis or delayed diagnosis: Cancer missed at GP or imaging, sepsis missed in ED, fracture missed on X-ray, mental illness misdiagnosed.
- Surgical errors: Wrong-site surgery, retained instruments, nerve damage, anaesthetic complications, post-operative infection from breach of protocol.
- Birth injuries: Cerebral palsy from oxygen deprivation, Erb's palsy from delivery technique, mother's injuries from poor obstetric care.
- Medication errors: Wrong drug, wrong dose, allergic reactions, dangerous interactions where reasonable care would have prevented.
- Dental negligence: Failed root canals, nerve damage, implant failures, orthodontic errors.
- Cosmetic surgery negligence: Botched procedures, inadequate informed consent, post-operative complications.
- Hospital and aged care: Pressure injuries, falls, medication errors, inadequate supervision.
The standard of care
Australian courts apply the standard of "reasonable care of a competent medical practitioner in that specialty". This includes both the technical performance of treatment and the duty to provide adequate informed consent. Disagreements between experts about whether the standard was met are common; the court ultimately decides on the balance of expert evidence.
What medical negligence payouts look like
What injured Australians have actually received. Your case will be assessed on its specific facts; these are scheme averages, not guarantees.
Claim type Average payout Notes
Misdiagnosis with permanent harm $200k–$1m+ Depends on impact and life expectancy
Surgical error $100k–$2m+ Wide range; serious harm cases higher
Birth injury (cerebral palsy) $3m–$10m+ Lifetime care, education, accommodation
Dental negligence $10k–$200k Generally lower than other medical claims
Source: Published Australian medical negligence settlement data, 2025
How your medical negligence claim gets investigated
A specialist medical negligence lawyer reviews records, commissions expert opinions, and runs the case end to end.
- 01
Tell us what happened
What treatment, when, where, what went wrong, what's the impact on your life. Date and detail matter.
- 02
We match you with a specialist
Medical negligence requires specialist lawyers, not generalists. We match you with a firm that runs these matters every day.
- 03
Free consultation, then they investigate
An expert reviews medical records and instructs an independent medical expert. If the case has merit, no fees unless they win.
Medical negligence FAQs
The questions injured Australians ask us most often about medical negligence claims.
What is medical negligence in Australia?
Medical negligence is medical care that falls below the standard reasonably expected of a medical professional. To succeed in a claim you must prove: (1) a duty of care was owed (almost always the case for a patient); (2) the standard of care was breached; (3) the breach caused you injury; and (4) you suffered actual loss. Each element requires expert medical evidence.
How long do medical negligence claims take?
Medical negligence claims typically take 2 to 5 years from initial investigation to settlement. Investigation alone can take 6 to 12 months as records are obtained and expert opinions sought. Complex cases involving birth injuries or progressive illnesses can take longer. Most cases settle without trial.
How are medical negligence claims investigated?
Your lawyer obtains your full medical records (subject to your authority), commissions an independent medical expert in the relevant specialty to review the records, and prepares an opinion on whether the standard of care was breached and whether the breach caused the harm. This investigation phase often takes several months and is critical to the case.
How long do I have to make a medical negligence claim?
The general limitation period is 3 years from the date you knew or ought to have known of the negligence and its connection to your injury. This is the 'date of discoverability', which can be later than the date of treatment in cases of delayed-onset harm or hidden errors. Children typically have until their 21st birthday. Lodge as early as practical.
How much can a medical negligence claim be worth?
Medical negligence damages range from $50,000 for minor harm to several million dollars for catastrophic injuries (severe brain damage, birth injuries, loss of life). Heads of damage include past and future economic loss, medical and care expenses, modifications, and (subject to state caps) general damages for pain and suffering. Birth injury claims often run the highest because of lifetime care costs.
I had cosmetic surgery go wrong. Can I claim?
Cosmetic surgery negligence is a recognised area. Claims can be made where the surgeon failed to provide adequate informed consent, performed the procedure below standard, or caused unreasonable post-operative complications. The standard remains the same: was the care reasonable for a competent practitioner in that specialty? Get specialist legal advice as cosmetic cases require particular expertise.
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