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Medical Malpractice Australia Claims Guide.

If you’ve become ill or been injured due to medical malpractice in Australia, you might be entitled to claim compensation. This claims guide answers some commonly-asked questions and includes legal advice and links to get help with medical malpractice claims.

Empty surgery room where medical malpractice could occur.

What is considered medical malpractice in Australia?

Medical malpractice is considered to occur when a medical professional’s behaviour doesn’t meet the appropriate standard of care, resulting in injury or illness to the patient. In Australia, medical malpractice is often referred to as medical negligence.

Some common medical malpractice claims include:

What is an example of medical malpractice?

It’s important to understand that a poor medical outcome doesn’t necessarily mean medical malpractice has occurred. Take for example a surgical procedure that is unsuccessful. Surgery has inherent risks, and if a surgeon has informed a patient of these risks, gained consent from the patient and provided an appropriate level of skill and care to the procedure, then a poor clinical outcome is unlikely to be considered medical malpractice. On the other hand, if the level of care and skill is below the standard that a reasonable professional would have provided in the same circumstances, then a poor outcome that resulted in injury to the patient might be considered medical malpractice.

How do you claim medical malpractice compensation?

A successful claim for medical malpractice compensation is based on building evidence that the following have occurred:

  1. You suffered injury or loss as a result of the medical treatment
  2. The treatment was below the standard of care and skill that a reasonable professional would have provided in the same circumstances
  3. Your injury or loss have been avoided if your care had been appropriate

Proving that loss has occurred may include showing that you lost income through time off work, or that you incurred costs as a result of needing additional medical treatment.

However, showing that the treatment was below the expected standard of care can be complex. Building the evidence to support this allegation involves a meticulous process of reviewing medical records and obtaining reports from expert witnesses to back up the allegation. A successful case depends on having a qualified medical professional provide a report that backs up the allegation.

For this reason, it’s highly recommended that you use a specialist medical malpractice lawyer to pursue your medical malpractice compensation claim on your behalf. For more information, read our medical negligence payout guide.

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What kind of lawyer do you need for medical malpractice?

Specialist medical malpractice lawyers have an extensive knowledge and understanding of medical terminology, medical procedures and conditions, and a detailed knowledge of the laws applying to medical malpractice compensation. Importantly, a medical malpractice lawyer will also have a trusted network of medico-legal specialists and other experts they can call upon to provide the reports needed to back up your claim.

The medical malpractice lawyer’s role is to review your medical records, determine the likelihood of your claim succeeding and then build the evidence to support your claim with the help of their network of experts.

A good medical malpractice lawyer will provide you up-front advice on your claim at no cost, and if they decide that you do have a valid claim, they will offer to take on your case on a no win no fee basis. That means you won’t have to pay anything up front to pursue your medical malpractice claim, and you’ll only need to pay the lawyer’s fees if you win.

What makes a good medical malpractice lawyer?

You’re likely to get a much better result with your claim and a higher medical malpractice payout if you work with a lawyer who takes time to really get to know you and your family personally. The best medical malpractice lawyers take time to fully understand what your life was like prior to you injury or illness, so that they can understand the full impact your injury or illness has had on your life and claim everything you’re entitled to.

Also, you should look closely at the lawyer’s no win no fee agreement. Some lawyers will expect you to pay for medical reports up front, but the best medical malpractice lawyers will fully fund your claim for you.

Medical malpractice lawyers in Sydney and NSW

Law Partners Personal Injury Lawyers is Australia’s largest specialist personal injury compensation law firm, with a number of specialist medical malpractice lawyers. They have 15 offices across Sydney and NSW.

Medical malpractice lawyers in NSW – show me a medical malpractice lawyer near me.

Shane Butcher


An accredited specialist in personal injury law and spokesman for the Australian Lawyers Alliance, with the best part of 20 years’ experience in assisting injured Australians receive everything they’re entitled to.  

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