Sydney Medical Negligence Lawyers

Do you need help finding a medical negligence solicitor in Sydney who will provide free initial advice and No Win No Fee representation in medical malpractice claims? Contact our confidential service for assistance:

Legal Helpline: ☎ 1800 529 835

Our Sydney lawyers are passionate advocates for victims of medical negligence and are specialists in this complex field of law. If you have received negligent medical treatment from a hospital or doctor in Sydney, NSW, Australia, you may be eligible for compensation. Medical negligence compensation can help get your life back on track.

To maximise your chances of winning your case, it is essential that you seek expert legal representation in the jurisdiction in which you received the treatment, as each State and Territory in Australia has introduced its own legislation for medical negligence cases.

Services provided by Sydney Medical Negligence Lawyers

  • Review of your medical records to determine what happened.
  • Taking a statement from you as to what happened and the impact that the injury has had on your life (this statement is not given to the defendant/s).
  • Obtaining independent expert medical reports.
  • Review of evidence to determine whether the health care provider departed from professional standards of care and determining causation of damage.
  • Advice on whether a claim should be pursued (the likelihood of winning or losing the claim and the financial consequences of pursuing the claim).
  • Drafting of court documents (pleadings, summons, statement of claim).
  • Briefing of barristers/counsel with expertise in medical law to settle pleadings and provide advice and representation where necessary.
  • Representation in pre-litigation negotiations, mediation, and settlement conferences.
  • Attend court appearances on your behalf (case management conferences, subpoenas, mentions, hearings).
  • Litigation of compensation cases in the District Court of NSW, Supreme Court of NSW, Court of Appeal, High Court of Australia.
  • Assistance with complaints on behalf of patients to regulatory bodies such as the Australian Health Practitioner Regulation Agency (AHPRA), Medical Board of Australia, and Health Care Complaints Commission (HCCC) NSW.
  • Representation of families at Coroners Inquests and in compensation to relatives claims.
  • Nervous shock claims.

What law applies to medical negligence cases in Sydney?

The law regarding medical negligence that occurs in Sydney (or anywhere in NSW for that matter) can be found under the Civil Liability Act 2002 (NSW) and the common law. This legislation defines:

  • Your rights to compensation for negligence
  • Duty of care
  • Standards of care for professionals
  • Causation of damage
  • How much compensation can be awarded for certain types of claims
  • The time limit you have for making a claim

How can I claim medical negligence compensation in Sydney?

The first step in seeking compensation is to speak with a Sydney medical negligence lawyer. To be able to claim compensation one must prove that the doctor owed the patient a duty of care, and that the doctor did not meet the appropriate standard of care. As a result of breach in duty of care, the patient needs to prove that they have suffered an injury or loss.

To pursue legal action, your solicitor will need to obtain and review your medical records. They will also need to obtain one or more medico-legal reports from independent medical experts i.e other doctors (usually in the same field of specialty as the doctor being sued). If your medical negligence occurred in Sydney, it is not uncommon for a solicitor to seek medicolegal reports from an interstate expert in order to obtain an independent opinion with regard to liability. Even in a city as large as Sydney, many doctors, especially medical specialists know each other or work with each other, and may be unwilling to provide an unbiased opinion with regard to their colleague’s conduct.

You may also need to attend medical appointments organised by your solicitor, or at the request of the defendant’s lawyers. These appointments may be necessary to determine the extent of your injuries and disabilities, which is in turn, an important part of assessing how much compensation you are entitled to.

How much compensation can I get?

The total amount of compensation that you will receive if your case is successful will depend on many factors including the nature of your injury, any ongoing disabilities you have and the impact of the injury on your daily life. You may be able to claim compensation for lost income, superannuation benefits, medical expenses, domestic assistance, respite care, equipment aides, travel costs, pain and suffering and permanent impairment. Both past and future losses are included in the calculation.

What are the time limits?

In Sydney NSW, there is a time limit of 3 years from the date of discoverability. That means the date on which the person knows or ought to know that injury has occurred, that the injury was caused by the fault of the alleged defendant and that the injury was serious enough to justify the bringing of legal action. It is generally not possible to take legal action later than 12 years after the date of injury- only in exceptional circumstances will a court grant an extension of the time limit.

Can public and private hospitals be sued?

Yes. Our medical negligence lawyers have successfully handled claims against public and private hospitals throughout Sydney and can advise you of your rights to hospital negligence compensation.

Areas in Sydney covered include:

  • Western Sydney hospitals: Liverpool, Westmead, Nepean, Bankstown Lidcombe and Campbelltown Hospitals.
  • Inner West: Royal Prince Alfred Hospital at Camperdown, Strathfield, Concord, Canterbury Hospital.
  • Eastern Suburbs: Prince of Wales Private and Public Hospitals, Randwick.
  • Northern Sydney: Chatswood, North Shore Public and Private, Bella Vista, North Ryde.
  • Southern Sydney: St George Public and Private Hospitals, Hurstville, Sutherland.

Types of medical malpractice cases handled by our Sydney Medical Negligence Lawyers:

  • Birth injury and complications from pregnancy and labour
  • Emergency department negligence in public hospitals
  • Coronary care negligence and heart attack misdiagnosis
  • Malpractice by medical specialists and General Practitioners
  • Failure to warn of material risks, provide appropriate information and advice
  • Failure to examine and to order appropriate tests eg blood tests, xrays, CT Scans, MRIs
  • Failure or delay in diagnosing eg cancer leading to the condition no longer being treatable (and loss of life expectancy)
  • Surgical errors and failure to appropriately treat complications from surgery
  • Prescription errors
  • Cosmetic surgery negligence
  • Diagnostic errors by pathologists and radiologists
  • Failure to refer to a specialist
  • Failure to provide follow-up treatment
  • Inadequate surgical training- performing surgery outside one's expertise, training and credentials

 

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