Medical Negligence Lawyers
If you’ve been injured or your condition has worsened due to negligent medical treatment, we’ll fight to get you the maximum compensation you deserve.
Our medical negligence lawyers are committed to holding healthcare providers to account and securing the compensation that helps you move forward.
How to know if you have a medical negligence claim
Medical negligence happens when healthcare professionals fail in their duty of care, often leaving patients with serious, lasting harm.
If you answered yes to these questions, you may be eligible to pursue a medical negligence claim:
Was the care you received below what would be expected from a competent professional in similar circumstances?
This may include:
- Physical injury or a worsening of your condition
- Emotional or psychological distress
- Financial loss from extra treatment or time off work.
A clear link must exist between the substandard care and your injury, typically supported by expert medical evidence.
Medical negligence claims:
Your rights, our fight
Our team of expert medical negligence lawyers take action to help you hold those responsible to account and claim the compensation you deserve. Claims handled by our medical negligence lawyers include:
Surgical errors:
- Damage to organs during surgery
- Surgical instruments left inside patients
- Wrong-site or unnecessary surgery
- Post-operative complications due to negligence.
Birth injuries:
- Infant injuries during delivery
- Maternal injuries during childbirth
- Failure to perform timely C-sections
- Mishandling of delivery complications.
Misdiagnosis or delayed diagnosis
- Failure to correctly diagnose medical conditions
- Unreasonable delays in diagnosis
- Misinterpretation of test results
- Failure to order appropriate tests.
Anaesthesia errors:
- Incorrect anaesthesia dosages
- Failure to monitor vital signs
- Allergic reaction oversights
- Equipment failures during procedures.
Medication errors:
- Incorrect prescriptions
- Wrong dosages administered
- Overlooking patient allergies
- Dangerous drug interactions.
Negligence in nursing homes:
- Inadequate care or medical attention in aged care facilities
- Physical, emotional, or psychological harm
- Elder abuse
Iron infusion staining claims
- Permanent skin discolouration from iron infusion procedures
- Failure to obtain proper informed consent
- Inadequate monitoring during iron infusion treatment
- Improper administration causing perivenous leakage.
Dental negligence claims
- Injury or complications resulting from substandard dental care
- Failure to diagnose or treat oral health conditions promptly
- Procedural errors during extractions, root canals, or implants
- Infection or nerve damage due to poor hygiene or improper technique.
Cosmetic surgery claims
- Procedures resulting in vision loss, nerve damage, asymmetry, or scarring
- Breast implant infection, lung punctures, seizures, or disfigurement
- Failure to properly prevent, diagnose, or treat post-surgery infections could cause sepsis, organ damage, prolonged recovery, or additional surgeries.
Speak with a medical claims specialist now.
Start with a free consultation and get your case reviewed within minutes.
Why Choose Gerard Malouf & Partners
Medical negligence compensation: What can you claim?
Our medical negligence lawyers help clients claim compensation for both economic and non-economic damages:
| Economic damages | |
|---|---|
| • Immediate medical expenses | Emergency treatment costs |
| • Ongoing medical costs | Rehabilitation, medication, therapy |
| • Lost income | Past and future earnings affected by injury |
| • Care and assistance | Domestic help and personal care needs |
| • Travel expenses | Medical appointments and treatment |
| Non-economic damages | |
|---|---|
| • Pain and suffering | Physical discomfort and emotional distress |
| • Loss of enjoyment | Reduced quality of life |
| • Psychological trauma | Mental health impacts |
| • Loss of consortium | Impact on relationships |
Family member claims
Close family members may also be eligible for medical negligence compensation including:
Costs for caring for injured loved ones
Loss of companionship claims.
Other compensation you may be entitled to
Your experience may entitle you to more than one type of compensation, depending on the details of your case. Our experienced team will assess your situation and clearly explain all available options, which may include:
Our Unique Fee Reduction Guarantee
Satisfaction first: Fees second
If our service fails to meet the high standards we set, we’ll reduce our fees. We are the only Australian firm that backs our service with a written cost reduction promise, giving you total confidence in your claim.
Factors affecting your medical negligence compensation
Several key factors influence the amount of medical negligence compensation you may receive:
- Severity of injury: Extent and permanence of physical or psychological damage
- Financial impact: Lost income, medical expenses, and future care needs
- Causation: Clear link between negligent treatment and injuries
- Insurance coverage: Medical indemnity policy limits
- Age and occupation: Impact on future earning capacity
Most medical negligence claims are paid through healthcare providers’ insurance rather than directly by medical professionals, thanks to government-subsidised medical indemnity insurance (Medical Indemnity Act 2002).
What evidence do you need for a medical negligence claim?
You need comprehensive medical records, expert medical opinions, and proof of losses to support your claim.
Our medical negligence lawyers assist you in gathering all the essential evidence, which typically includes:
- Complete medical history: All relevant medical records and treatment documentation
- Medical reports: From treating doctors and specialists
- Expert medical opinions: Independent evaluations that establish negligence and causation
- Witness statements: Accounts from family members, friends, or medical staff who witnessed the events
- Financial documentation: Records proving any financial losses or additional expenses incurred
Photographic evidence: If applicable to your case.
The compensation claim process: Your journey with GMP Law
Initial consultation
Evidence gathering
Claim submission
Negotiation
Court representation
Ongoing support
Why choose our medical negligence lawyers?
Our No Win No Fee medical negligence lawyers specialise in handling some of the most complex and challenging cases. With deep expertise in medical law and personal injury, we understand the unique difficulties these claims present and know how to navigate them effectively.
Key benefits include:
No Win No Fee.
Specialised expertise.
Our accredited medical negligence lawyers bring years of experience managing complex claims
98% success rate
Australia-wide coverage.
Free initial consultation
to assess your medical negligence claims.
No Win No Fee
Fee transparency that you can trust
How our No Win No Fee system works:
No upfront costs
Start your claim without any financial risk
No contingency fees.
We don’t take a percentage of your settlement
Fair hourly rates.
When you win, we charge transparent hourly rates
Careful case evaluation.
We only take cases we believe can succeed
Our commitment. If we don’t believe your case will result in compensation or if costs outweigh benefits, we won’t take it on. This dedication to our clients’ best interests sets our No Win No Fee medical negligence lawyers apart.
Proven results: Medical negligence case studies
Case 1: $160,000 settlement for hospital negligence
Background
Our client sought treatment at her local hospital for severe abdominal pain and nausea. During admission, an incorrectly inserted intravenous cannula caused serious complications.
The challenge
The incident resulted in cephalic vein damage and median nerve damage, causing ongoing pain, swelling, and numbness to her arm, including loss of dexterity in her hand.
GMP Law’s approach
- Gathered extensive medical evidence
- Argued hospital negligence for failing to address patient complaints
- Obtained expert medical opinions
- Commenced legal proceedings against the local health district
- Negotiated through mediation.
Case 2: $1.25 million combined settlement for surgical negligence
Background
Our client underwent a total thyroidectomy that resulted in bilateral vocal chord palsy and loss of function in her laryngeal nerves.
The challenge
The surgery left our client mute, causing severe physical and psychological trauma. Her husband also suffered psychological injury from witnessing the devastating impact on their lives.
GMP Law’s approach
- Built a comprehensive case around failure to warn of surgical risks
- Gathered expert medical and psychiatric evidence
Pursued both medical negligence and nervous shock claims - Demonstrated breach of expected standard of care
- Negotiated effectively through mediation.
Outcome
Secured a $1.2 million settlement for our client and $50,000 for her husband’s nervous shock claim.
What our clients say:
These are genuine reviews from real clients on Google, sharing their experiences with our medical negligence lawyers.
Turning injuries into justice, transforming lives through compensation
At GMP Law, we’re not just fighting for compensation – we’re fighting for your right to recover, rebuild, and reclaim your life after an injury. Read our medical negligence case studies:
Iron infusion stain claims & case studies
Iron infusion stain claims: Case studies and legal compensation in Australia For many people, an iron infusion is meant to be
$500,000 Settlement Following Nerve Damage From Varicose Veins Treatment
Case Overview Our client presented to a vascular surgeon, seeking treatment of her varicose veins in her right leg. Following the
Parents Receive total of $485,000 in Compensation for Tragic Death of Newborn Child
Case Overview Our client suffered unimaginable loss following her 12-hour labour, delivering her first child by emergence caesarean. A few hours
$9,000,000 settlement for negligence causing Cerebral Palsy
Case Overview Our client was born with Quadriplegic Dystonic Cerebral Palsy, which was caused by complications during delivery. During labour, our
$550,000 settlement for delayed referral to treat a blocked artery resulting in a stroke
Case Overview In June 2019, our client was an admitted patient of the First Defendant when he complained of chest pain
Sydney man receives $340,000 settlement following rotator cuff injury sustained during hospital admission
Case Overview Our client was admitted to his local hospital to undergo an elective procedure. It was known to the Hospital
Meet our medical negligence lawyers
Frequently asked questions about medical negligence claims
What is a medical negligence claim?
Medical negligence, also called medical malpractice, occurs when healthcare professionals fail to meet the expected standard of care, resulting in patient harm.
This can happen in any medical setting where you receive treatment from:
- Doctors and specialists
- Surgeons
- Nurses and healthcare staff
- Hospital systems
- Dentists and pharmacists
- Paramedics
- Allied health professionals
- Laboratory and radiology staff
- Aged care facilities.
How long do I have to make a medical negligence claim?
Generally, you have three years from the date you first became aware of your injury to commence legal proceedings. However, exceptions may apply, so it’s important to seek legal advice as soon as possible.
What is the average payout for medical negligence in Australia?
As of April 2025, compensation in our recent medical negligence claims has varied from $180,000 up to $700,000, depending on the injury’s severity and its impact on the claimant’s life. However, some medical negligence cases could result in settlements exceeding $10 million, particularly for birth injury claims.
Medical negligence compensation varies significantly based on injury severity, financial impact, and other factors. Our lawyers will provide realistic expectations based on your specific circumstances.
How long do medical negligence claims take?
Most medical negligence claims take between 12 and 36 months to resolve, depending on the complexity of the case and whether it settles out of court or proceeds to trial.
Here’s an overview of how long medical negligence claims typically take, depending on the complexity:
- Simple cases: 12-18 months
- Complex cases: 18-36 months
Court proceedings: May extend timeframes.
Medical negligence cases are often complex and challenging because they require:
- Thorough investigation of medical records and treatment history
- Expert medical opinions to prove negligence and causation
- Navigating resistance or lack of cooperation from healthcare providers
- Lengthy negotiations or legal procedures if the case proceeds to court.
What is iron infusion staining?
Iron infusion staining is a potentially permanent side effect that can cause significant cosmetic distress to patients. It occurs when iron leaks into the skin during intravenous (IV) iron replacement therapy.
Iron infusions are commonly prescribed for the treatment of conditions such as:
- Iron deficiency anaemia
- Chronic kidney disease
- Gastrointestinal disorders (e.g. Crohn’s disease or coeliac disease)
- Postpartum or heavy menstrual blood loss.
Our medical negligence lawyers are seeing an increasing number of cases where patients are left with permanent, unsightly skin discolouration following iron infusion treatments.
Common issues in these cases include:
- Failure to obtain informed consent about the risk of staining
- Inadequate staff training in IV administration techniques
- Insufficient nursing supervision during infusion procedures.
How common is iron infusion staining?
Iron infusion staining is uncommon, but it does happen. Clinical trials report skin discolouration rates between 0.68% and 1.3%. However, real-world reports suggest it may occur in about 1.6% of infusions, and the actual number could be higher due to under-reporting.
According to a 2020 study in the Australian Prescriber, there have been:
- 27 reported cases of skin staining in Australia linked to ferric carboxymaltose
- 8 cases linked to iron polymaltose
- No reports (at the time) for ferric derisomaltose, but staining is listed as a possible side effect.
The study also highlights that many cases may not be reported to official databases, meaning the real number of affected patients could be higher.
What if I can’t afford a lawyer?
Can family members claim compensation?
Learn more about medical negligence
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Talk to a medical negligence lawyer today
Start with a free consultation. Call 1800 004 878, or request a call back below.
