Medical Negligence Lawyers Melbourne & Victoria
Our medical negligence lawyers are ready to act if you’ve been injured or suffered an illness because of medical malpractice in a hospital, mental health facility, by a medical practitioner or organisation.
What is medical negligence or medical malpractice?
Medical negligence or medical malpractice is when your medical treatment falls below a reasonable standard and causes you harm or injury. For medical malpractice or medical negligence in Victoria, your harm or injury could have been caused by a healthcare professional, medical professional, hospital or mental health facility.
Can I make a medical negligence claim?
You may have a medical negligence claim if:
A healthcare professional, medical professional, hospital or mental health facility owed you or a loved one, a duty of care to exercise reasonable skill, care and judgement. This is a duty that medical professionals, hospitals and mental health facilities owe all of their patients. The duty of care includes the following areas:
Examination
Advice
Discharging from hospital or a mental health facilitySurgery or other procedure (including anaesthesia)
They failed in their duty of care to you or your loved one, by providing medical care that was below a reasonable standard.
Their medical care caused you harm or injury, or the death of your loved one.
Your medical negligence compensation entitlements
Medical negligence compensation is related to your circumstances and available evidence of medical malpractice.
A successful medical negligence claim may include financial compensation for:
Medical treatment and related expenses
Domestic care and assistance, including home and vehicle modifications
Nursing care at home, including care provided by family and friends
Loss of income
Pain and suffering
How long could my medical negligence claim take?
Each medical negligence claim is different, involving its own duty of care and circumstances of injury.
We understand medical malpractice cases are stressful. Our medical negligence lawyers in Melbourne are trauma-trained and will manage your medical negligence claim efficiently and accurately.
After your initial consultation, our medical malpractice lawyers in Melbourne can give you a better idea of the times.
How much could my medical negligence claim cost?
Legal fees shouldn’t stop you from finding an expert medical negligence lawyer.
At Shine Lawyers our medical negligence lawyers work on a No Win, No Fee* basis, to support you in seeking compensation and accessing justice to right wrong.
*Conditions apply
Types of Medical Negligence Claims in Melbourne & Victoria
There are many different areas of healthcare in which medical negligence can occur. Our medical negligence lawyers in Melbourne are experienced in medical malpractice cases such as:
Medical negligence claim for misdiagnosis
A medical negligence claim for misdiagnosis could include:
Failure to diagnose an illness, disease or condition
The wrong diagnosis of an illness, disease or condition (such as misdiagnosing bowel cancer)
Taking too long to make a diagnosis
Medical negligence claim following surgery or another procedure
You or your loved one may have experienced injury because of medical malpractice during a surgical or other medical procedure (such as a perforated bowel during a laparoscopy).
Medical negligence claim for a birth injury
Medical negligence causing birth injury can occur during your pregnancy, labour or delivery. Read about our clients Annie and Birdie and their medical malpractice claims.
Medical negligence claim following the death of a loved one
You may be able to make a medical malpractice claim if you believe your loved one’s death was caused by the medical negligence of a healthcare professional or hospital.
Is there another type of medical negligence claim?
Depending on what happened to you or your loved one through medical malpractice, you may be eligible for another form of compensation. Our medical negligence lawyers in Melbourne will help you to understand your medical negligence claim options, which could include:
We're here to help
We’re here to make the claims process as simple and stress-free as possible.
Preparing for a medical negligence claim in Victoria with your medical negligence lawyers in Melbourne
Document the medical malpractice incident
Obtain your medical records, if possible
Keep a record of your medical expenses and any other financial cost incurred because of your injury (such as lost wage)
Keep any communication you’ve received from the healthcare professional you believe caused your injury (including digital and hard copy records)
Obtain all records or investigations
These records might include:
Formal complaints you’ve made (eg to the hospital, medical centre or a medical authority)
Coronial documents
Contact Shine Lawyers
Our medical negligence lawyers in Melbourne can review your circumstances and advise on any compensation options in your case
Call us toll free on 1800 316 612 for an obligation-free legal consultation on a No Win, No Fee* basis.
*Conditions apply
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
Claims Process
We listen and assess your medical malpractice case confidentially
During an obligation-free initial consultation, your medical negligence lawyers will listen to you to understand your circumstances and fully explain the legal process to you.
We’ll build your medical negligence claim and keep you informed
Your medical malpractice lawyers will work with you to gather the evidence needed to support your medical negligence claim.
We’ll negotiate to settle your medical malpractice case early
We know you’ve been through enough. Where possible, we’ll seek to minimise the stress of your medical negligence claim process and resolve your claim sensitively to your needs.
As your medical negligence lawyers, we’ll seek to negotiate your medical negligence claim to encourage a resolution before it goes to court.
If required, we’ll go to court with your medical negligence claim
Only a small number of medical malpractice cases make it to a court hearing. If this happens, we’ll be by your side with support, compassion and the best medical negligence lawyers every step of the way.
We’ll also work closely with your family, primary care providers and / or medical support to try and reduce the stress and inconvenience caused by the process.
Resolve your medical negligence claim
Your expert medical negligence lawyers will work passionately to deliver the outcome and medical negligence 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.
Medical negligence lawyers in Melbourne & Victoria FAQs
Can I represent myself, or do I need a medical malpractice lawyer?
You can represent yourself for your medical negligence claim, however successfully doing so will likely require:
A thorough understanding of medical negligence law
Your legal rights and entitlements to medical negligence compensation
A commitment to pursue your medical negligence claim through to resolution
Is there a medical negligence lawyer near me in Melbourne or greater Victoria?
No matter where you are in Victoria, Shine Lawyers can help with your medical negligence claim. We have:
Medical malpractice and medical negligence lawyers in Melbourne
Medical negligence lawyers in Geelong
And lawyers for medical negligence in Victoria.
Why trust Shine to be my medical negligence lawyers in Victoria?
We’ve helped thousands of Australians access more than $1 billion per year in compensation and entitlements through our expert legal services.
95% of the cases we presented are settled before going to court.
Our No Win, No Fee* legal services and obligation-free initial consultation help you understand your legal rights and available compensation options.
*Conditions apply
What is the average payout for medical negligence in Victoria?
Each medical negligence claim is different. The amount of medical negligence compensation varies depending on:
The complexity of your injury
Your injury’s impact on your ability to complete daily living tasks (such as whether you require ongoing care and assistance)
The extent of your injury’s impact on your life (such as the reduction of your quality of life and enjoyment of activities)
The extent of your injury’s impact on your capacity to work (such as if you can return to work at all, or your return to work requires a different role)
Your need for ongoing medical treatment
Your individual circumstances
Medical negligence compensation can range from thousands to millions of dollars, depending on the specific circumstances of each case.
How many medical malpractice cases go to court?
Proving a medical negligence claim can be complex. Getting legal advice from experienced medical negligence lawyers is important. The number of medical negligence claims that go to court each year varies significantly. Most are resolved prior to going to court. An experienced medical negligence lawyer can help with your claim and with settlement negotiations.
Can I make a medical negligence claim after 20 years in Victoria? What is the time limit for medical negligence claims in Victoria?
The Limitation of Actions Act 1958 restricts the time for making a personal injury claim in Victoria (including a medical negligence claim) to:
Within 3 years of the ‘date of discoverability’ (for adults)
Within 6 years of the ‘date of discoverability’ (for children)
The ‘date of discoverability’ is a complex term and is open for interpretation. It considers various things, including when you first learnt that you may have been a victim of negligence, and when you realised your injuries were permanent. In some cases, the date of discoverability is many years after the initial injury or death occurred.
It’s important to see a medical malpractice lawyer as soon as possible after you’re injured through medical malpractice, so you can get advice and start taking steps to investigate your medical negligence claim in time.
What constitutes medical malpractice in Melbourne and greater Victoria?
What constitutes medical malpractice in Melbourne and Victoria is determined by the Wrongs Act 1958 and common law. Your expert medical negligence lawyers in Melbourne can help you understand the circumstances of your injury and advise whether you can make a medical negligence claim.
