Medical Negligence Claims Adelaide

What you could claim for medical negligence

You may have a medical negligence claim if your doctor or healthcare professional did not:

+ Diagnose a condition at all or within a reasonable amount of time
+ Treat your condition or refer you to a specialist as soon as possible
+ Monitor your condition
+ Perform a medical procedure with reasonable care and skill
+ Advise you of the risks associated with, for example, an operation
+ Report correctly or follow up your test results
+ Provide reasonable care after your operation

How much compensation can you claim for medical negligence?

To find out, simply complete our free online inquiry form to have your matter reviewed by our experienced medical negligence lawyers – completely free of charge.

What you could claim for medical negligence

You may have a medical negligence claim if your doctor or healthcare professional did not:

+ Diagnose a condition at all or within a reasonable amount of time
+ Treat your condition or refer you to a specialist as soon as possible
+ Monitor your condition
+ Perform a medical procedure with reasonable care and skill
+ Advise you of the risks associated with, for example, an operation
+ Report correctly or follow up your test results
+ Provide reasonable care after your operation

How much compensation can you claim for medical negligence?

To find out, simply complete our free online inquiry form to have your matter reviewed by our experienced medical negligence lawyers – completely free of charge.

Medical Negligence Lawyers Adelaide

If you are left injured because a doctor, medical practitioner, or medical facility has breached their duty of care, you may have a medical malpractice claim.

Medical Negligence claims are often complex and vigorously defended. We have an experienced team of Medical Negligence Lawyers Adelaide who specialise in this field that has achieved outstanding results in catastrophic matters.

As per other common law claims compensation is typically awarded for:

Non Economic Loss (Pain & Suffering)
Past and Future Economic Loss
Loss of Superannuation benefits
Voluntary services from family members
Paid care and domestic services
Past and future medical expenses

Examples of medical negligence claims include:

+  Not testing properly for conditions such as Down’s Syndrome
+  Poor pregnancy and labor management resulting in injuries
+  Cerebral Palsy compensation claims
+  Errors during an operation, including damage to internal organs or nerves
Not providing proper care after the operation
+  Anaesthetic issues
+  Nerve injuries during surgery
+  Birth injuries
+  GP negligence
+  Hospital negligence
+  Medication Errors
+  Orthopedic surgical errors
+  Loss of Income

Get in touch with our team

Medical Negligence Claim Lawyers – Frequently Asked Questions

What type of injuries arise from medical negligence?

Medical injuries can span from a surgery gone wrong to negligent advice from your doctor. Common examples also include prescribing the wrong medication, administering the improper treatment, or failing to advise a patient of all the risks involved and those risks materialising.

What is negligence?

A person is negligent when they fail to take all precautions that a reasonable person in their position would have taken to avoid another from being injured. In medical negligence, it needs to be established that the medical practitioner acted in a manner that was not widely accepted in Australia by members of the medical profession as competent professional practice.

What thresholds do my injuries need to meet to qualify for compensation?

Damages may only be awarded for Non-Economic Loss if –

  • The accident significantly impaired the injured person’s ability to lead a normal life for at least 7 days; or
  • Medical expenses have reached a prescribed minimum amount

However, the severity of your injuries will be necessary for several things, mainly when weighed up against potential legal costs and risks, so this is something you should speak to your lawyer about at the earliest opportunity.

My health insurer has contributed to my medical cost; what happens to those payments?

At the end of the case, our medical negligence claim lawyers will examine all relevant accounts and determine how much your private health insurer has paid for a medical treatment related to the malpractice negligence claim. Your private health insurer will then recover those amounts from the wrongdoer’s insurer. You do not bear these costs.

How long do I have to make a medical negligence claim?

You have three years from the date of the medical negligence to bring court proceedings. Any time after this, you will need permission from the court to bring an action, which is not guaranteed and is not very straightforward.

What are the requirements for a medical negligence claim?

Typically, the following three things are needed when claiming:

  • The doctor or hospital’s treatment did not meet Australian standards
  • The poor treatment resulting in suffering or injury
  • The physical or psychological harm was a direct result of the negligence.

How do I prove medical negligence?

Medical negligence claims can be complicated. Often the most difficult part is working out ‘causation’. Even if you can prove a medical professional did the wrong thing, you also must prove that what happened next was the result of that wrong-doing and that it wouldn’t have happened if the wrong thing had not been done.

A hurdle that patients must get over in bringing a claim is a law that sets up a defence for all professionals accused of negligence. The law says if the professional acted in a way that was ‘widely accepted’ by the professional’s peers, then they are not liable. The best advice we can give you is to contact our medical negligence lawyers to discuss your potential claim. We are personal injury lawyers in Adelaide, experts in compensation claims relating to personal injuries.

How injured do I have to be to make a medical negligence claim?

You are entitled to make a claim for pain and suffering damages provided you have demonstrated a threshold level of impairment as set out by law. Even if a permanent level of impairment cannot be proven, it is possible to make a claim for costs of care, out-of-pocket expenses, and loss of earnings.

Can I make a claim for the death of a loved one?

Yes. Family members can launch a medical negligence claim when the alleged negligence has resulted in death. These claims are restricted to the financial benefit the dependents would have received from the deceased, had they lived. They also don’t cover normal grieving and are restricted to recognised psychiatric or psychological conditions.

How do I get access to medical records?

To access medical records for a medical negligence claim, you need to ask the hospital where the conduct took place for a ‘Freedom of Information request form. Australian hospitals are required to provide medical record access unless the disclosure would have an adverse effect on you emotionally, mentally, or physically.

What is considered medical malpractice claims?

Medical malpractice is when a health care professional fails to provide appropriate treatment, omits taking an action that could have prevented injury or death, and gives substandard medical service which causes harm.

Our Philosophy + Values

We’ll be easy to get hold of whenever you need us.

We talk straight so you’ll always know where you stand.

We are timely and pro-active so you don’t have to chase us.

Our Philosophy + Values

We’ll be easy to get hold of whenever you need us.

We talk straight so you’ll always know where you stand.

We are timely and pro-active so you don’t have to chase us.

We’ll look at things from your perspective & understand your challenges.

We won’t simply follow legal process; we are real people.

We’ll recommend a course of action instead of simply detailing the options.

We will openly discuss fees & avoid billing surprises.

We’ll look at things from your perspective & understand your challenges.

We won’t simply follow legal process; we are real people.

We’ll recommend a course of action instead of simply detailing the options.

We will openly discuss fees & avoid billing surprises.

Our lawyers

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Roberto Clemente

Roberto has been practicing since 1996 and has amassed broad legal experience across many areas. The reputable and independent Doyle’s Guide has consistently acknowledged Roberto as a leading lawyer in motor vehicle law, public liability, and workers’ compensation in South Australia since 2015.

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Christian Finocchio

Christian has been practicing personal injury litigation since 2007. He gained extensive experience in motor vehicle accidents, workers’ compensation, medical negligence, and public liability claims.
He is driven by understanding his clients, keeping them informed, and ensuring they understand the process.

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Kirstine Ashworth

Kirstine is a Senior Associate at C + F with extensive experience in large and complex cases in all areas of personal injury. Kirstine is passionate about helping people achieve fair and just outcomes.

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Kendall Rinaldi

Kendall has specialised in personal injury litigation, and has supported the Partners in delivering excellent results for our clients over many years.

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Natasha Budimski

Natasha is a dedicated lawyer who represents clients in all areas of personal injury. She has a strong sense of justice and empathetic nature, equipping her to support her clients throughout their claims.

Free consultation

If you need to speak to a compensation lawyer, please book your free, no-obligation consultation today.