I Need a Medical Negligence Lawyer
If you have been injured or suffered loss by a healthcare professional, you could be owed compensation.
I need a Medical Negligence Claim
If you have been harmed or suffered loss by a doctor, surgeon, or another healthcare professional, a Medical Negligence claim can provide the compensation needed to compensate you.
Being injured by the very person you trusted to care for you or a loved one is a distressing experience. Whether it is a missed diagnosis, a surgical error, or inadequate aftercare, professional negligence and malpractice can change your life and your family’s.
You deserve answers.
Our specialist Medical Malpractice Lawyers have helped thousands of clients each year find the clarity they need to handle their cases. We will cut through the complexity, tell you where you stand, and strive to secure the maximum compensation you are entitled to. Strict time limits apply; speak with a Doctor Negligence lawyer today.
Book a Free Consultation TodayI have been injured
Surgical Error
Surgical errors are preventable mistakes that occur during or after surgery which could be avoided.
Birth Trauma
Birth trauma may qualify for medical negligence claims by parents.
Plastic and Cosmetic Surgery
Due to medical negligence, patients can sometimes experience severe side effects and permanent damage.
Delayed Diagnosis
If a doctor fails to diagnose a patient’s condition correctly, they may be entitled to claim for damages.
Dental (Oral)
Dental care breaches such as excessive or unnecessary treatments may be claimed under medical negligence.
Emergency Services and Paramedics
Paramedics and emergency services are obligated to provide appropriate treatment and effective transport.
Failure to obtain informed consent
Informed consent must be obtained for any proposed medical treatment prior to it being carried out.
Failure to refer
Inappropriate or absent referrals may result in harmful or lacking treatment for patients.
General Practitioners
General Practitioner errors in medical treatment that lead to harm may warrant compensation.
Hospital Care Claims
Hospitals are responsible for a patient's standard of care and the acts and omissions of their employees.
Infections
Post-surgical infections may entitle you to claim damages if they occur due to medical negligence.
Medication Error
If you are the victim of a medication error you may be entitled to make a medical malpractice claim.
Post Operative Care Claims
Neglectful post-operative care can lead to otherwise avoidable illness or injury for a patient.
Ready to make a claim?
What is Medical Negligence?
Doctors, dentists, nurses, physiotherapists, optometrists, and all other healthcare professionals provide essential services we rely on at some point in our lives. When the standard of care they provide fails, the consequences can be devastating, affecting not only the patient but their entire family. Claims for medical negligence, also known as medical malpractice, can be made by the person who suffered the injury. In some cases, family members who sustained mental harm as a result of the injury to their loved one may also be entitled to claim. Where a person has died as a result of a healthcare provider’s negligence, dependents such as children or a spouse can often make a claim for loss of dependency and mental anguish. If you have suffered injury, loss or damage due to the failure of a doctor or healthcare provider, then you require the support of an experienced and knowledgeable team of medical negligence lawyers. At Brydens Lawyers, we have the skills and experience to help you prove your medical negligence claim.
Could you have a Medical Negligence claim?
Not every poor outcome from treatment or surgery is the result of negligence. What matters is whether the care you received fell below the standard a reasonable professional would have met, and whether that failure caused you harm.
You may be entitled to compensation if:
You received a diagnosis that was delayed, missed or incorrect, and your condition worsened as a result.
You underwent a procedure that went wrong in a way that could and should have been avoided.
You were not properly informed of the risks before treatment, and you would have refused or chosen an alternative had you known about them.
You suffered complications from inadequate post-operative care or premature discharge.You were given the wrong medication or dose, or the effects of your medication were not adequately monitored.
A family member died or suffered serious harm as a result of negligent medical treatment.
Medical injuries do not need to be life-threatening; claims also cover harm that disrupts your ability to enjoy your life and lifestyle. Some of the most common claims include:
Anaesthesia Errors
Unsure if your situation qualifies? The best way to find out is to speak with one of our specialist medical negligence lawyers in NSW. Your initial consultation is free*, and there’s no obligation to proceed. (*Conditions apply).
What are you able to claim?
The types of damages available in medical negligence compensation claims can include:
Non-economic loss (pain and suffering)
Resulting and future medical treatment expenses and out-of-pocket expenses.
Loss of income and any damage done to your ability to earn an income in the future.
Past and future loss of superannuation benefits.Paid services, such as home cleaning or nursing assistance.
The value of services provided to you by family and friends without charge.
Past and future medical aids and equipment, such as wheelchairs.
Home and vehicle modifications to improve their accessibility.Additional costs incurred in connection with continuing disabilities, i.e., the additional cost of holidays due to special needs.
A contribution towards your legal costs and disbursements.
Damages are very specific to each medical negligence claim. Having successfully prosecuted thousands of cases, Brydens Lawyers is experienced in claiming the maximum compensation to which you are entitled. During your consultation, our hospital and birth injury lawyers will provide an estimation on the level of compensation you can expect and how it will inform your care in the short- and long-term.
Is it hard to prove Medical Negligence?
When making a claim against a doctor, hospital or other medical professional, the stakes are high, professional reputations are on the line, and medical professional indemnity insurers will typically defend these cases far more vigorously than a public liability or motor vehicle accident claim.
To successfully prosecute your case, your medical claim lawyer must prove that a medical professional provided treatment or advice that was in breach of their duty of care, that caused or materially contributed to you experiencing a lasting injury or harm. In Australia, this is determined by peer professional opinion at the time the treatment was provided.
Proving causation, where damages are required to compensate injuries suffered, demands rigorous evidence. We know that being injured as a result of the failure of a trusted healthcare professional can be a distressing and sometimes overwhelming experience. We are here to help you through this difficult time by collecting the evidence needed to achieve a just and fair outcome on your behalf.
This is why the experience and specialist knowledge of your legal team matters so much. At Brydens Lawyers, our dedicated hospital negligence lawyers offer legal expertise with a genuine understanding of medical practice, so nothing falls through the cracks.
Why Brydens Lawyers are the right representation for you?
Brydens Lawyers are experts in prosecuting professional [7] negligence cases, with a dedicated division of specialised doctor negligence lawyers. As a full-service law firm, we have the unique ability to take a comprehensive approach, arguing your case on both legal and medical grounds.
Hire a Medical Negligence Lawyer in NSW who:
Has 50 years of experience fighting for clients
Having practised law for over 50 years across all matters, no one is more experienced than our expert medical claim lawyers.
Works in a specialised Medical Negligence division
Our team specialises in reviewing medical records, liaising with medical experts, and explaining complex legal and medical issues in easy-to-understand language. As a client of Brydens Lawyers, you will always know where your claim stands.
Speaks your language
Our medical malpractice lawyers speak various languages, including Arabic, Vietnamese, and Mandarin, enabling you to discuss your case in the language you are most comfortable with.
Comes to you
Finding the answers you need quickly is key to resolving your claim. We offer free* legal advice (by appointment) at a Brydens Lawyers legal centre or virtually over Zoom or the phone. (*Conditions apply).
Works to a No-Win, No-Fee* basis
To ensure nothing stops you from defending your rights, we work towards a No-Win, No-Fee* policy. That means, you do not have to pay if our Medical Negligence lawyers cannot successfully prosecute your case. (*Conditions apply).
Act now: Strict time limits apply
If you have suffered as a result of medical negligence, you need expert legal advice as soon as possible. In NSW, medical negligence claims are generally subject to a 3-year limitation period under the Civil Liability Act 2002 (NSW). This period begins from the date of the injury, or from when you first discovered, or could reasonably have discovered, that the injury occurred in compensable circumstances.
Courts can allow extensions in exceptional cases where there is justification for the delay. However, a 12-year longstop applies in NSW — meaning no claim can be brought more than 12 years after the negligent act, regardless of when it was discovered.
Even if your treatment is ongoing, do not wait. Contact a Brydens Lawyers medical negligence specialist today to protect your rights.
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FAQs
What qualifies as Medical Negligence in Australia?
Medical negligence arises when a health practitioner fails to provide care that meets the professional standards expected, and their direct failure to fulfil their duty of care results in harm. Medical Negligence can constitute the following (but not limited to):
- Diagnosis Errors: Providing a delayed or incorrect diagnosis, or failure to diagnose an illness.
- Treatment Errors: Performing the wrong procedure, damaging muscles and organs, or leaving surgical equipment inside the body.
- Medication Errors: Prescribing the wrong dose or medication, or failing to monitor the effects of medication.
- Surgical and Anaesthesia Mistakes: Operating on the wrong area of the body, failing to control bleeding, or incorrectly administering anaesthesia.
- Failure to Inform: Failing to obtain informed consent or providing inadequate information that would explain the associated risks and allow consent to be given or refused
- Inadequate Follow-up: Prematurely discharging a patient or failing to provide adequate aftercare.
How can I prove Medical Negligence?
In order to successfully prosecute a professional Medical Negligence claim, you need to prove that there was:
- A duty of care owed by the healthcare professional
- A breach of duty of care by that healthcare professional
- Causation – that the breach of duty caused or materially contributed to the harm suffered by the individual
- The damages required to properly compensate the individual for the injury or loss sustained
It can be challenging to prove a medical practitioner’s actions, or inactions, directly resulted or materially contributed to an injury. To ensure that you have a case and your best interests are represented, do not hesitate to contact Brydens Lawyers — noting that strict time limits apply so do not delay.
How soon should I act on a Medical Negligence claim?
It is best to lodge a Medical Negligence claim as soon as possible and within the 3-year limitation period. This timeframe begins as soon as the injury occurs, or when the injured party first discovers the injury and that it occurred in compensable circumstances.
The court can allow extensions in exceptional cases where there is a justification for the delay. However, a 12-year-long stop applies in NSW. That means, you cannot sue after 12 years from the negligent act, even if this is discovered later.
For these reasons, it is best to engage a Medical Negligence lawyer. Brydens Lawyers has the expertise needed to navigate complex legal matters and ensure your case is heard successfully.
What compensation can I expect from a medical negligence claim?
Our Medical Negligence lawyers have the experience needed to ensure you not only successfully prosecute your case, but also achieve the maximum compensation you are entitled to. They can help you claim:
- Non-economic loss (pain and suffering)
- Medical treatment expenses (past and future)
- Loss of income (past and future)
- Loss of superannuation benefits (past and future)
- Home assistance services, including home cleaning and nursing
- Medical aids such as wheelchairs
- Home and vehicle modifications to improve accessibility
- A contribution towards your legal costs and disbursements.
How much do Medical Negligence Lawyers in NSW cost?
At Brydens Lawyers, we make accessing expert legal representation easy and affordable. To ensure nothing stops you from defending your rights, we provide free* consultations and work to a No-Win, No-Fee* contingency for all types of personal injury cases. That means, if you do not win, you do not have to pay our fees. (*Conditions Apply).