Medical Negligence Lawyers
We are ready to take action, supporting your choice to hold negligent healthcare professionals and medical practitioners to account and right wrong.
Making a medical negligence claim
When medical treatment falls below a reasonable standard and results in harm or injury, this is known as medical negligence or medical malpractice. If you have been failed by a healthcare professional, medical professional or hospital, you may have grounds for compensation.
You may have experienced medical negligence if a health professional has failed to:
Advise you of the risks associated with medication, surgery or procedures
Diagnose a condition at all or in a timely way
Perform important investigations or monitor you appropriately
Perform a medical procedure with reasonable care and skill
Report correctly or follow up on your test results
Treat your medical condition in a proper manner
Proving medical negligence can be quite complex, that’s why getting the right legal advice from the outset is so important. With over 105 years of collective experience, our Medical Law team have a proven record in achieving outstanding results for our clients and practice exclusively in this area of law. This focused approach means we have a unique understanding of both the legal and medical aspects of a medical negligence claim and can ensure our clients receive the very best outcome possible.
Your entitlements
Your medical negligence compensation is related to your situation and the evidence available.
A successful claim will often include financial compensation for:
Medical treatment and related expenses
Care and domestic assistance such as gardeners, home and vehicle modifications, nurses and care provided by family or friends etc.
Loss of income
Pain and suffering
How long will it take?
Every case is different so it’s hard to say exactly how long it will take from the outset. We understand how important it is that you receive your compensation as soon as possible so we’ll manage your claim quickly, efficiently and accurately.
Time limits and frames vary between states and territories in Australia. After your initial consultation, our legal team will be able to give you a better idea of timeframes.
Fees
Everyone has the right to stand against injustice regardless of their financial situation.
That’s why we provide our medical negligence services on a No Win, No Fee* basis, ensuring survivors don’t need to worry about out-of-pocket legal expenses.
*Conditions apply.
Injury types
There are many different areas in which medical negligence can occur. Our team have represented clients who have been wronged in the course of receiving care by: • Cardiologists • Gynaecologists • Emergency medicine • Obstetricians • Orthopaedists • Paediatrists • Urologists
Our team have represented individuals and their families who have suffered an injury and loss and have experience of: • Amputation • Birthing injuries • Cauda Equina Syndrome • Cerebral Palsy • Death of a loved one
Illness and infectious diseases such as: • Medical misdiagnoses of illness and disease • Brain injuries from infection • Medication errors • Mental health
Surgical errors such as: • Anaesthesia errors • Bowel and oesophageal perforation • Head injuries • Spinal injuries • Major complications from plastic and cosmetic surgery
Additional Claim Types
Depending on the circumstances of your claim you may be eligible for other forms of compensation. Our expert team will help you understand your claim options. They could include:
Preparing for a medical negligence claim
When preparing to make a claim there are some important steps you need to take.
Document the incident
Obtain your medical records where possible.
Record any expenses or lost wages due to your injuries.
Keep any communication that you received from those responsible for your injury.
Obtain any related records or investigations
This may include formal complaints or coronial documents.
Contact Shine Lawyers
Find out if you have a claim or contact us for a free no obligation legal consultation.
Check if you have a claim with our simple, free online tool
What we will ask:
Details about the accident and injuries that may have happened to you or your loved one
Basic personal information that is relevant and necessary for your claim
What happens next:
Either book a no-obligation appointment with a medical negligence expert right away or,
Speak with our team about your options
Claim process
We listen and assess your case confidentially
During an obligation-free initial consultation we’ll take the time to listen and understand your individual needs. We will fully explain the legal process to you so that you understand your rights and feel in control.
We’ll build your case and keep you informed
Your go-to legal team will work with you to gather all the evidence needed to support your medical negligence claim. All evidence will be considered so we can assess your options and provide guidance tailored to your specific situation.
We’ll negotiate to settle your claim early
We will seek to negotiate your claim to encourage a resolution prior to the matter going to court.
We know that you’ve been through enough. Wherever possible we will seek to minimise any stress this process could have for you and resolve your claim in a way that is sensitive to your needs.
If required, go to court
Only a small percentage of cases result in a court hearing. If this happens, we will be by your side; providing support, compassion and skilled legal representation every step of the way.
We will also work closely with your family, primary care providers and/or medical support to reduce any stress or inconvenience from this process wherever possible.
Resolve your case
We will passionately work to deliver the outcome and compensation you deserve.
No Win, No Fee*
We do our best up-front to make sure you understand your legal claim, including whether your claim is on our No Win, No Fee* basis.
*Conditions apply
We're here to help
We’re here to make the claims process as simple and stress-free as possible.
CLIENT STORY
“They made me feel like what I was doing was important and I couldn't have been happier with them.”
FAQs
What is medical negligence?
Medical negligence occurs when a medical practitioner or provider fails to adhere to their duty of care resulting in loss, injury or suffering.
Can I represent myself, or do I need a medical malpractice lawyer?
It is possible to legally represent yourself when making a claim however, doing so successfully will likely require a thorough understanding of the law, your legal rights and entitlements, and a commitment to actively pursue the case to move it forward.
Independent expert evidence is needed to progress your claim and this can be difficult for an individual to obtain.
Without the right legal advice and support, you then may not receive the compensation you're entitled to.
Is there a medical negligence lawyer near me?
With more than 40 branches across Australia and 1000+ team members, location is no barrier when it comes to accessing Shine Lawyers' legal advice and support.
If you’d like to speak to our medical negligence team in person, you can see our full list of locations here.
If you aren't able to find a location near you, we can easily arrange an obligation-free virtual appointment or discuss the option to meet at a location that’s comfortable and convenient for you. No matter where you are located, we will always provide the same, expert advice and manage your claim with the same level of quality and commitment.
Why trust Shine to be my medical negligence lawyers?
We have helped thousands of Australians right wrong and access more than $1 billion per year in entitlements and compensation through our expert services.
95% of the cases we represent are settled without the stress of going to court.
We offer access to affordable legal advice including on a No Win, No Fee* basis and an obligation-free initial consultation so you can understand your rights and know where you stand.
*Conditions apply
What is the average payout for medical negligence in Australia?
The amount of a medical negligence claim settlement varies depending on the complexity of injury and the extent of its impact on your life, your individual circumstances and the state or territory in which you’re injured.
When assessing the value of your claim, several aspects of your injury are considered, including:
The impact of your injury on your on your life, including the reduction in quality of life and enjoyment in activities
The impact of your injuries on your capacity to work
The impact on your ability to complete activities of daily living, including whether you have required care and assistance, and
Whether you require ongoing medical treatment
These factors collectively influence the compensation provided in medical negligence cases, with settlements or judgments ranging from thousands to millions of dollars based on the specific circumstances of each case.
How many medical negligence cases go to court?
Proving medical negligence can be complex, so getting legal advice from experienced medical negligence lawyers is important.
The number of medical negligence cases that proceed to Court can vary significantly from year to year and across different jurisdictions. In Australia, a significant proportion of medical negligence claims are resolved outside of court through negotiations between the parties involved.
An experienced medical negligence lawyer can help with your claim and with settlement negotiations.
Can I claim for medical negligence after 20 years?
In Western Australia, the Limitation Act 2005 restricts the time you have to proceed with a personal injury claim for compensation.
A claim for personal injury compensation cannot be made if it has been three (3) or more years since the date the negligence and the injury occurred.
However, if the person making the claim was under fifteen (15) years of age at the time of the injury, they have six (6) years from the date the injury occurred to make a claim. If the person making the claim was aged fifteen (15), sixteen (16) or seventeen (17) years at the time of the injury, they must make a claim before their twenty-first (21) birthday. However, with all of this in mind, there are certain circumstances under which an extension of the time limits may be granted. An experienced medical negligence lawyer can assess your circumstances and discuss what options are available to you for pursuing a claim beyond the standard time frames.
What constitutes medical negligence?
In Western Australia, the Civil Liability Act 2002 provides a framework for navigating medical negligence claims.
Broadly speaking, medical negligence in Western Australia refers to situations where a healthcare provider fails to provide a standard of care expected from a reasonably skilled and competent professional in the same field, under similar circumstances.
As a result of failing to meet those standards, patients can be harmed or injured, leading to a potential medical negligence claim for compensation.
