Medical & Hospital Professional Negligence Claims

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If you or someone in your life has been the victim of medical negligence, then you may be entitled to make a claim for compensation.

Doctors, hospitals and medical professionals have a duty of care to provide you with treatment and advice with reasonable care and skill in line with generally accepted professional standards.

Unfortunately, there can sometimes be a breach of duty by a medical professional which can have dire consequences, such as:

  • Misdiagnosis;
  • Failure to warn;
  • Surgical error;
  • Birth injury;
  • Disfigurement;
  • Medication dosage error;
  • Incorrect reporting;
  • Procedural mistake.

Medical or hospital negligence is obviously an extremely serious form of professional negligence because the consequences can lead to illness, injury, lifelong disability or death.

Medical professionals may refer to anyone who administers medical treatment and care, including:

  • Doctors;
  • Nurses;
  • Hospitals;
  • Emergency rooms;
  • GPs;
  • Surgeons;
  • Specialists;
  • Radiologists;
  • Midwives;
  • Medical clinics;
  • Dentists;
  • Pharmacists;
  • Physical therapists.

Medical Negligence Compensation Claims

If you believe you have suffered as a result of medical negligence, talk to the expert team at Lionheart Lawyers.

Our solicitors have more than 50 years of combined experience in injury law and are highly skilled at identifying cases of medical negligence, assessing your entitlements, and fighting for the compensation you deserve.

There are time limits associated with making a professional medical negligence claim, so it is best to contact us as soon as possible. However, sometimes it can take years before you realise the full impact of the medical negligence you experienced. Even if you think too much time has passed, you can always reach out to Lionheart Lawyers to check your rights regarding medical malpractice.

It costs nothing to call us for an initial consultation so we can listen to you and advise you on how to proceed with your medical negligence claim.

Our no win, no fee policy means we will do everything we can to ensure your claim is successful, and you don’t have to worry about being out of pocket for your legal fees.

Essentially, to have a valid medical negligence claim, you must be able to prove that:

  • The medical professional owed you a duty of care;
  • The medical professional breached that duty of care;
  • This negligence caused you harm and loss.

All forms of professional negligence, including medical malpractice, require you to have suffered in some way as a result. Compensation, also known as ‘damages’, is generally calculated under categories of:

  • Economic loss, including loss of past and future income and superannuation;
  • Medical and treatment expenses;
  • Pain and suffering; and
  • Domestic care and assistance.

Suing a Hospital for Medical Negligence

It may be possible to sue a hospital for medical negligence if, while you were admitted, hospital staff:

  • Misdiagnosed your condition, causing a delay to treatment or causing it to worsen;
  • Failed to warn of a risk, which happened;
  • Provided incorrect medication, which adversely affected you;
  • Used defective prosthetic, implant or other equipment, which caused you complications;
  • Caused harm to you or your child during childbirth; or
  • Was in some other way found negligent.

To pursue damages from a hospital for medical negligence, we will need to:

  • Compile evidence of your injury, illness, disfigurement or disability via clinical records, medical reports and other documentation;
  • Prove the hospital breached its duty of care by providing witness statements, expert medicolegal reports and various other pieces of evidence;
  • Gather documentation to account for your losses, including evidence of your life and earnings before and after the negligence occurred;
  • Submit your claim.

If settlement cannot be reached with the hospital, then we will commence court proceedings. Rest assured that if we need to go to court, the skilled professionals at Lionheart Lawyers are highly experienced and well-equipped to fight for you and the compensation you deserve.

Doctor Malpractice and Misdiagnosis Claims

It is not easy to sue for doctor malpractice or misdiagnosis in Australia. It can often be difficult to prove that an error or mistake was in fact medical negligence, and that the negligence was the direct cause of harm to you.

For instance, a doctor may argue that the harm you suffered was due to a known risk of your procedure and not the result of negligence.

However, this should not deter you from seeking expert advice from a skilled lawyer.

If you believe you have been the victim of doctor malpractice, Lionheart Lawyers will take great care to assess the circumstances of your case and advise you of whether you have realistic prospects of making a successful claim.

We are highly experienced in sourcing expert medical witnesses who can prove crucial to your claim. Expert medical witnesses are usually other doctors respected in their fields who are called on to provide their opinion as to whether your doctor’s actions conform to standard accepted practice or not.

If you believe your doctor misdiagnosed your illness, made an error in surgery, or breached their duty of care in some other way that caused you physical, psychological or financial harm, contact us today for a free consultation.

Do You Have a Compensation Claim?

Get a free assessment from one of our specialist compensation lawyers.

We’ll Fight for You

Lionheart Lawyers are leaders in providing clear and concise legal advice and solutions. We take the time to understand your circumstances and offer tailored and customised advice and services to achieve your optimal outcome.

Our premium legal services are delivered by a team of highly qualified and personable professionals with more than 50 years of collective experience.



Truth and honour always.



Striving for the highest quality and professionalism in everything we do.



A responsibility for the success of your matter.



You will leave our firm with a positive service experience.

Do You Have a Compensation Claim?

Get a free assessment from one of our specialist compensation lawyers.

Trusted Personal Injury & Accident Compensation Lawyers

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