Medical negligence claims

If you’ve been injured because of negligent treatment or malpractice by a medical professional or hospital, our experienced team is here to help.

You may be entitled to medical negligence compensation if you have suffered an injury or illness caused by the negligence of a medical practitioner (your GP or a specialist), dentist, physiotherapist, a hospital or any other health related service provider.

What are the common causes of medical negligence?

Common cases of medical negligence include (but aren’t limited to):

  • Surgical errors

  • Misdiagnosis by General Practitioners

  • Birth trauma

  • Delayed diagnosis of cancer and heart attacks

  • Injuries caused by chiropractors, physiotherapists and osteopaths

  • Pharmacy and medication errors

  • Hospital errors, including emergency department delays

 
 

Common questions about medical negligence claims

  • To bring a claim against your doctor, dentist, therapist or hospital you should contact a lawyer who specialises in medical negligence claims. For treatment that occurred in Victoria , you will need to prove:

    1. Negligence: that the treatment provided to you fell below a reasonable standard.

    2. Causation: that the negligence was a cause of your injuries or loss.

    3. Injury: to get compensation for your pain and suffering; that you have suffered a permanent “significant” injury.

    4. That your claim is brought within a strict time limit.

  • Using the chatbot is 100% confidential. The information you supply will be securely stored. It will never be shared with anyone unless you specifically request or give permission for the information to be shared.

  • Because investigating medical treatment claims can be complex, it is important that you choose lawyers who with specialist expertise who will give your case the time and individual attention it deserves.

    Also, strict time limits apply to bringing a claim for compensation. So it’s important to act as soon possible.

  • The purpose of making a medical negligence claim is to get compensation for your losses and injuries. If you can prove that your injuries have been caused by negligence, you can claim for losses and expenses which include: past and future care (including care provided for free by loved ones), wage loss, past and future medical expenses, and compensation for non- economic loss (also called pain and suffering). Some of these amounts are capped by law. As at July 2024, the maximum amount of compensation payable for pain and suffering damages in most public liability claims was $741,000. While every injured person’s circumstances and injuries are different, medical negliegnce claims for compensation commonly resolve for $300,000 or more.

    Example: A Court awarded compensation which included pain and suffering damages of $450,000 to a 63 year old who suffered a severe injury to her right elbow during routine medical treatment. She suffered extensive tissue loss which could not be restored despite multiple surgeries.

Healthcare complaints

In addition to a potential claim for compensation, you have the right to make a complaint about the medical treatment that you received.

These complaints can be an important tool for helping you to get what you need – including an apology, an explanation or compensation – and for improving our health system.

Polaris has launched a free and easy-to-use chatbot called Health Complaints Assist to help you make a complaint about medical treatment in Victoria. You can make a complaint about a particular doctor or nurse or about a doctor’s surgery or hospital.

The chatbot will ask you some simple questions and then put together a complaint for you. You can send the complaint directly to the healthcare provider or to the government agency responsible for investigating complaints.

 
 

Why choose us?

With decades of experience in personal injury law we have the knowledge and insight to get the best outcomes for our clients who have been injured as a result of negligent medical care.

Our compassionate and understanding team focus on getting you the best possible result, in the shortest possible time with no hidden fees or charges.

 

Key steps

Key steps in a medical negligence claim

Here we guide you through the process of establishing your entitlement to compensation.

  • 1. First free appointment

    We take detailed instructions and give advice about a potential claim and how we can help. We talk you through our No Win, No Fee Arrangement and how we will investigate your claim.

  • 2. Investigation

    We gather up your medical records from your treating doctors and analyse them, providing you with advice regarding our findings and the next steps.

  • 3. Expert opinion

    We find independent medical experts who give evidence about your treatment and injuries. We give updated advice about your claim based on their opinion.

  • 4. Court lodgement

    If the evidence supports the claim, we lodge Court documents so that the Court can require the parties to take a number of steps to resolve a case before it goes to a hearing.

  • 5. Mediation

    The parties meet to attempt to agree to resolve the case before the matter goes to a court hearing. A mediation is often the best chance for the parties to agree to resolve the case.

  • 6. Court hearing

    The Parties argue their cases in Court. Only a handful of medical negligence cases are heard in Victorian Courts each year, with most resolving at mediation.

 

Speak directly with one of our lawyers

Don't know where to start or unsure if you have a claim? Get in touch today to arrange a free, no-obligation consultation with one of our medical negligence lawyers to discuss your options.